SAROJ PRABHA SHARMA Vs. GENERAL PUBLIC

JUDGEMENT

(1.) PETITIONER -Saroj Prabha Sharma has filed this petition Under Sections 276 and 278 of the Indian Succession Act, 1925 (in short the 'act') for grant of Letters of Administration/probate of Will dated 2. 12. 1973.

(2.) IN the petition she averred that the testator, Pt. Hari Lal Sally, resided in Sector 5, Chandigarh within the jurisdiction of this Court. He was a Hindu. He died on 27. 2. 1974. He executed a Will on 2. 12. 1973 in favour of the petitioner. At that time Pt. Hari Lal Sally was in sound disposing mind. The petitioner being the daughter of testator is a beneficiary under the Will. Respondents 3 and 4 are the sons of the petitioner and are also beneficiaries under the Will. Respondent No. 2 is the son of the testator and he is also a beneficiary under this Will.

(3.) PETITIONER has also pleaded that the testator's wife Shakuntala Sally has also executed a similar, Will on 15. 1. 1996, which was in accordance with wishes and desires expressed by the testator. The Will executed by Smt. Shakuntala Sally dated 15. 1. 1996 is also annexed with the petition alongwith Will executed by the testator dated 2. 12. 1973 and death certificates of her parents. On the basis of these averments, she prayed that the Letters of Administration/probate of this last Will of the testator dated 2. 12. 1973 be granted in her favour.