Manmohan Sarin, J.

( 1 ). PETITIONER, Sanjay Suri filed a petition for grant of probate/ Letters of Administration under Section 278 read with Section 218 of the Indian Succession Act (in short the Act) and seeking a probate in respect of the will of the deceased Smt. Kaushalya Devi dated 6. 7. 1993. The petition was instituted in May, 1998. However, the same was not registered on account of objections of non-filing of the affidavit regarding valuation of property. Petition was registered in September, 2000 on valuation being filed and issues were framed on 25. 9. 2000.

( 2 ). THE deceased Kaushalya Devi, widow of late Sh. Khub Chand Suri expired on 22. 3. 1997. Her husband, Sh. Khub Chand Suri, who owned property bearing Municipal No. WZ-177, G Block, Hari Nagar, jail Road, New Delhi pre-deceased her on 4. 11. 1969. Late Sh. Khub Chand Suri and Smt. Kaushalya Devi had only one issue, namely, late Sh. Siri Ram Suri. Late Sh. Khub Chand Suri left behind the following legal heirs.

I)SMT. KAUSHAYLA Devi- Widow of Shri Khubchand Suri ii)Legal heirs of pre-deceased son Sh. Siri Ram Suri, who died intestate. a) Smt. Kaushalya Devi being Mother b)Smt. Asha Suri w/o Sh. Siri Ram Suri c)Kir

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