SUMITRA DEVI KOCHHAR Vs. STATE

JUDGEMENT

(1.) The petitioners, claiming to be the executors of the Will dated 18/5/1986 alleged to have been executed by the testator Sardari Lal Kochhar, have filed the present petition under Section 276 of the Indian Succession Act (for short the Act) for the probate.

(2.) Petitioner No.1 is the widow and the petitioner Nos. 2 to 5 are sons of the testator. Respondents No.2 and 3 are daughters of the testator. On 18/5/1986, the testator executed a Will bequeathing the whole of his property movable and immovable to the petitioners. The testator died on 6/8/1986 and the probate petition was moved by the petitioners on 3/7/1987.

(3.) Respondent No.3 has denied the petitioners' case in toto. Respondent No.2 has resisted the probate petition contending that the Will dated 18/5/1986 is a forged document.