M P AGGARWAL Vs. STATE

JUDGEMENT

(1.) By the present petition under Section 276 of the Indian Succession Act (hereafter called "the Act"), the petitioner seeks a probate in respect of the Will dated 2nd March, 1987 (hereafter called "the Will") of late Smt. Jamna Devi (hereafter called "the testator"). The testator died on 27th December, 1993.

(2.) The petitioner in the petition states that the testator left behind certain properties details of which are mentioned in the Will. The petitioner is the executor of the will. Along with the petition, the original will executed by the testator and his death certificate was also filed.

(3.) The petitioner states that out of properties mentioned in the Will, asset no. 1 to 4 were disposed of by the testator during her lifetime. The moveable property consisting of gold, jewellery and cash mentioned as asset no.6 in the will was equally divided between Mr. Rohit Aggarwal and Ms. Deepika Aggarwal as stated in the Will at the time of the death of the testator. It is stated asset no.5 belongs to the property bearing plot no. 22, Block 'K', Green Park Main, New Delhi(hereinafter referred to as the 'suit property') admeasuring 311 sq. yds. consisting of a single storey and was bequeathed to Smt. Madhu Aggarwal W/o Sh. M.P. Aggarwal with liability to repay the loan.