BINA GUPTA Vs. KUMKUM MITTAL

JUDGEMENT

(1.) SUNIL Ambwani, J. The plaintiff Late Smt. Bina Gupta filed testamentary case No. 13 of 1993 for grant of probate of Will dated 1-4-1993 alleged to be sealed in the envelope and handed over to the plaintiff executed by late Sahu Basheshwar Dayal (the deceased), died on 15-6-1993 at New Delhi leaving behind properties mentioned in the schedule including a residential house alongwith Nohra at Chandpur District Bijnore, a grove plot 2105 measuring 6 bigha 14 biswa in Kasba Chandpur and all land and trees thereon, which were his Bhumadhari as well as shares in Delhi Cold Storage Private Ltd. and interest in the firm of Sahu Basheshwar Dayal. The deceased had one son Shri Suresh Mittal, who predeceased him and six daughters including the plaintiffs.

(2.) NOTICES were issued to next of kin mentioned in para 2 of the plaint, which include Smt. Kumkum Mittal, widow of late Suresh Mittal and her minor children Sandeep Mittal and Ravi Mittal and other daughters namely Smt. Malti Mangla, Smt. Meena Gupta, Smt. Sarojani Agrawal, Smt. Manju Gupta and Smt. Asha K. Gupta.

(3.) REGARDING the properties in Class 4 it is alleged that Sahu Basheshwar Dayal and sons is a hindu undivided family in which the deceased and his son Shri Suresh Mittal were partners. After the death of Shri Suresh Mittal his share was transferred to his widow and two sons. As regards deposits in Clause 5 of the Will the defendant states that a sum of Rs. 2,85,000/- was in deposit and it is incorrect to say that there have been more deposits. Clause 6 deals with unspecified properties and thus the Will is bad in law and void. The names of Ravi Mittal and Sandeep Mittal, the sons of Shri Suresh Kumar Mittal were mutated over the village Chandpur property in February 1991. The defendant also denied the signatures of the deceased on the Will.