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2002 Supreme(Del) 1247

R.C.CHOPRA
L. C. LAI – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
A.BANERJEE, JASMIT SINGH, JAYSHRI ANAND, K.K.MALIK

R. C. CHOPRA

( 1 ) THIS petition under Section 276 of the Indian succession Act, 1925 (hereinafter referred to as "the act" only) for Probate has been filed by the petitioners, as the Executors, in respect of the Will dated 30. 9. 1992 of Late Shri K. R. Kalia. The objector shri Deepak Kalia is the only son of the deceased. The wife and unmarried daughter of the deceased testator had pro -deceased him.

( 2 ) IN the petition for grant of Probate, the petitioners submitted that the deceased had left behind two immovable properties, C-667, New Friends Colony, New delhi-110065 and B-6, Sector-5, Chandigarh, particulars of which were given in Schedule-A. The liabilities of the deceased were mentioned in Schedule-B and the movable properties in Schedule-C. The deceased testator, an Advocate, was a resident of Delhi and had died at Delhi on 14. 11. 1992.

( 3 ) THE objector who is the only son of the deceased, filed objections to the grant of Probate pleading that the will propounded by the petitioners was a fabricated document as his father Late Shri K. R. Kalia was suffering from "senile Dementia" and was not in a sound disposing mind at the time of making of the alleged will. He pleaded














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