MS. ANNAPURNA DIXIT Vs. STATE AND ORS.

JUDGEMENT

(1.) The applicant seeks substitution of the legal representatives of late Shri Rahul Dixit, the fourth respondent, who died during the course of these probate proceedings. Rahul Dixit was the testator's son; he is survived by his wife, Ms. Rupa Dixit, son Sumiran Dixit and daughter, Sangiri Dixit.

(2.) It is averred that the testator died in Delhi, where he had lived and for long. He resided in Gurgaon, and died on 3.1.2005. He was married to the petitioner, his widow who survived him. He left behind two sons, Ashok Dixit and Rahul Dixit, and two daughters, i.e. Ms. Abha Dixit Dhavie and Ms. Deepa Dixit.

(3.) According to a Will dated 3rd May, 1999, the testator bequeathed his immovable and movable properties to his widow, the petitioner. At that time, these included a flat at Gangotri Enclave, Alaknanda Colony, New Delhi and properties at DLF Enclave and Nainital District.