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2001 Supreme(Del) 372

K.S.GUPTA
RADHIKA KHANNA – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
J.P.Sengh, Y.P.Chandna

K. S. Gupta

( 1 ) NAND Lal Aggarwal, applicant filed this application on 17/12/1998 alleging that the case set up by Ms. Radhika Khanna (hereinafter referred to as petitioner ) in the petition filed under Sections 276 and 278 of the Indian Succession act, 1925 which was allowed by the order dated 7/03/1994, is that Smt. Kamla - khanna, her mother and wife of S. D. Khanna died on 12/06/1983 leaving behind a will dated 6/03/1981 in her favour. It is further alleged that petitioner s father s. D. Khanna filed a petition for grant of probate before the District Judge, Delhi and her interest in that petition was not properly looked after by him. In response to peti- tion, S. D. Khanna filed no Objection/reply wherein it has been stated that he is in possession of Will dated 26/03/1979 left behind by his wife under which he is the beneficiary of her estate. He has further stated that he did not know about the Will dated 6/03/1981 and existence thereof was disclosed to him by his brother T. D. Khanna towards the end of 1987. He withdrew the petition filed for grant of probate before the District Judge, Delhi as one of the assets was located outside Delhi and petitioner was nearing attai







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