KALAWATI AND ANR Vs. STATE

JUDGEMENT

(1.) The petitioner Arvind Kumar Dixit has applied under Section 278 of the Indian Succession Act, 1925 for the grant of Letters of Administration to him in respect of the estate of the deceased Kalawati W/o late Sri Brahmdeen, R/o Mohalla Chaudharana, Kasba and District Jalaun, on the basis of her registered Will dated 19.11.1984, annexed with the petition.

(2.) The Nagar Nigam, Jalaun has entered into a caveat and has filed counter to the petition seeking grant of Letters of Administration.

(3.) Sri R.K. Mishra, learned counsel appearing for the Nagar Nigam argues that the properties mentioned in the schedule of the properties with the petition for grant of Letters of Administration were not the properties of the deceased rather that of the Nagar Nigam, Jalaun. The petitioner is not the heir and legal representative of the deceased and the death certificate enclosed with the petition is fictitious.