SMT. JYOTSNA PRABHA KOHLI Vs. REG: ESTATE OF (DR.) MRS. SHARDA JAGDISH W/O LATE DR. JAGDISH CHANDER KHANDPUR (DECEASED)

JUDGEMENT

(1.) This is a petition for grant of probate under Sec. 276 of the Indian Succession Act of the Will dated 4.12.1990 executed by Dr. (Mrs.) Sharda Jagdish w/o Late Dr. Jagdish Chander Khandpur.

(2.) It has been pleaded that the petitioner is the only daughter of the testator and the executor appointed under the Will. Earlier, the deceased executed a registered Will dated 20.7.1988 in favour of her brother Shri Anand Uma Nath @ Anant U. Basrur but subsequently this Will was revoked vide registered deed of revocation dated 4.12.1990 and thereafter the deceased executed a registered Will in favour of the petitioner on 4.12.1990. It is also pleaded that there is no other heir, next of kin or relation likely to claim the property left by the deceased.

(3.) Notice to the General Public was issued in "The Tribune" (English Edition) and "Dainik Tribune" (Hindi Edition). The said petition was contested by Shri Anant U. Basrur. It was the case of the said respondent that a duly registered Will, dated 20.7,1988 was executed by the deceased in his favour who is real brother of the deceased. The said respondent denied that the said Will was revoked at any stage. It was asserted that the said respondent is the only heir to claim the property left by the deceased.