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2005 Supreme(Del) 17

PRADEEP NANDRAJOG
RAM SHARMA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
J.K.SETH, R.S.Bakshi, RAJAT NAVET

Pradeep Nandrajog, J.

( 1 ) LATE Smt. Bhagwati Devi Gaur died on 17. 1. 1981. Her husband Jagan Nath Gaur had predeceased her. She was survived by 2 sons, Satpal and Davinder Pal, and 2 daughters, Radha Rani and Satyawati. A third son, Rajwant Pal had predeceased her and was unmarried. Battle to the estate of late Smt. Bhagwati Devi was being fought between her son Davinder pal, her grandson Harmesh Pal and her daughter Radha Rani. Harmesh Pal is the son of Satpal.

( 2 ) SATPAL died on 2. 3. 1982. Davinder Pal died on 6. 11. 1999 and Radha Rani died on 1. 1. 1992.

( 3 ) ON death of late Smt. Bhagwati Devi, present petition was filed on 14. 4. 1981 by Shri Sri Ram Sharma for probate of the Will dated 19. 5. 1978 allegedly executed by late Smt. Bhagwati Devi. The petition was registered as probate case No. 115/81. It was filed in the Court of the District Judge Delhi.

( 4 ) AS per the petition, petitioner claims to be the real brother of the deceased and was named as the executor of the Will dated 19. 5. 1978. The Will was stated to be registered on 25. 5. 1978, with the Sub-Registrar, Kashmere gate, Delhi vide registration No. 1535, Addl. Book No. III, Vol. 95 at pages 142 to 143.

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