ATUL GUPTA Vs. STATE

JUDGEMENT

(1.) Ms. Anju Chandna, Ms. Ritu Menon and Ms. Rina Sharma seek impleadment at the stage of recording of evidence, in this petition seeking probate, filed by the executor named in the document claimed to be the validly executed last Will of deceased Dr. Vimla Lal.

(2.) On enquiry, it is informed that objections to the grant of probate have been filed by the sisters of the husband of the deceased, claiming that the husband of the deceased had predeceased the deceased and the deceased had no issues and the applicants who are the sisters of the husband of the deceased are natural heirs under Sec. 15 of the Hindu Succession Act, 1956.

(3.) The applicants are the daughters of the sisters of the deceased and the counsel for the applicants on enquiry states that the applicants are supporting the document of which probate as a Will of the deceased is sought. On enquiry, as to how the applicants are necessary and/or proper parties, the counsel for the applicants states that since under the said document claimed to be the validly executed last Will of the deceased, a bequest has been made to the applicants, the applicants are necessary and proper parties. On further enquiry as to what purpose the applicants want to serve by seeking impleadment, if are supporting the petitioner, the counsel for the applicants states that the applicants are in the dark as to how the petitioner, in his capacity as executor, is dealing with the estate of the deceased and the applicants desire to become parties to safeguard the interest in the bequest made in their favour.