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2006 Supreme(SC) 385

S.B.SINHA, P.P.NAOLEKAR
Gurswaroop Joshi – Appellant
Versus
Beena Sharma – Respondent


JUDGMENT

S.B. Sinha, J.—A Will was executed on 3.1.1980 by one Harbans Lal Joshi. He passed away on 5.3.1981 leaving behind the following heirs and legal representatives :

I.Smt. Pushpawati Joshi, widow.

II.Late Shri Basant Kumar Joshi (deceased son of Shri H.L. Joshi) through :

(1)Smt. Chandrakala Joshi widow of Shri Basant Kumar Joshi.

(2)Gunjan Joshi d/o Shri Basant Kumar Joshi.

(3)Siddharth Joshi s/o Shri Basant Kumar Joshi.

III.Dr. Sahib Swarup Joshi s/o Shri H.L. Joshi.

IV.Shri Gurswarup Joshi s/o Shri H.L. Joshi.

V.Shri Prem Swarup Joshi s/o Shri H.L. Joshi.

VI.Smt. Beena Sharma d/o Shri H.L. Joshi.

VII.Smt. Shanti Devi d/o Shri H.L. Joshi.

2. In 1984, the 1st respondent herein filed an application purported to be under Section 276 of the Indian Succession Act, 1925 (‘the Act’, for short) for grant of probate in respect of the said Will. Objections were filed thereagainst. By an order dated 28.2.1996, the learned Additional District Judge, Delhi held that the said will executed by the afore-mentioned Harbans Lal Joshi, was valid in law and had been executed by him in sound disposing mind. The prayer for grant of probate as made by the 1st respondent was, therefore, allowed. The widow o
























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