PRADEEP KUMAR Vs. STATE & ANR

JUDGEMENT

(1.) Present petition has been filed under Sec. 276 of Indian Succession Act, 1925, for grant of probate in respect of Will dated 30th Dec., 1996, of late Shri Dwij Kumar Shastri, father of the petitioner and respondents Nos.2 to 5.

(2.) In the petition, it has been averred that Shri Dwij Kumar Shastri son of Sh. Thakur Mangal Sainji expired on 08th April, 1997. It is averred that Shri Dwij Kumar Shastri during his lifetime had executed his last and final Will dated 30th Dec., 1996, which was duly registered. It was mentioned in the Will, that it shall come into effect only after the death of the testator and his wife Smt. Kusum. It is averred that Smt. Kusum passed away on 20th Nov., 2007. The aforesaid Will dated 30th Dec., 1996 is reproduced hereinbelow:-

(3.) It is stated that on 17th March, 2009, the petitioner filed the present probate petition for grant of probate in respect of the registered Will of his late father.