LAWS(ALL)-1996-9-21

SANTOSH KUMAR GUPTA Vs. HARVINDER NATH GUPTA

Decided On September 24, 1996
SANTOSH KUMAR GUPTA Appellant
V/S
HARVINDER NATH GUPTA Respondents

JUDGEMENT

(1.) A. K. Banerji, J. Testamentary Case No. 12 of 1993 was filed by the petitioner for grant of Letters of Administration with the Will annexed in respect of the estate of one Sulaki Lal since deceased.

(2.) BRIEF facts, as set out in the petition, are that Sulaki Lal died on 24-6-1970 leaving the properties detailed in the schedule annexed to the affidavit. The deceased had prior to his death executed a Will dated 2-11-1963 regarding his properties. The petitioner is one of the grandsons of the deceased testator and is also a beneficiary named in the Will, as such the petitioner is entitled to the Letters of Administration with the Will annexed in respect of the estate left by the deceased. The petitioner was accompanied by the affidavit of the petitioner annexing a schedule of the properties with regards to which the Letters of Administration was sought. The petition was also accompanied by the affidavit of one Jeet Mal Mishra, Advocate, who is said to have drafted the Will under the instructions of the deceased testator and in whose presence the Will is stated to have been signed by the testator and two attesting witnesses of the said Will.

(3.) ON the pleadings of the parties the following issues were framed by the Court on 3-8-1994: (1) Whether the alleged Will dated 2-11-1963 executed by Sulaki Lal was legally and validly executed by the testator in a sound disposable state of mind ? (2) Whether the attestation of the Will dated 2-11-63 was valid and legal ? (3) Whether the Will dated 2-11-63 was a forged and fabricated document, as alleged? (4) Whether the Firm M/s. Sulaki Lal and Sons was not in existence during the life time of Sulaki Lal, and, therefore, the petitioner can not claim Letters of Administration with regards to items No. 1 and 2 of the Schedule to the Petition ? (5) Whether the petitioner is entitled to Letters of Administration regarding the assets left by Sulaki Lal, If so, then to what extent? (6) Whether the petition for grant of Letters of Administration legally maintainable? (7) To what relief is the plaintiff entitled?