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1999 Supreme(Del) 96

M.S.A.SIDDIQUI
SUMITRA DEVI KOCHHAR – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
K.SAWHNEY SETH, P.R.Chopra

M. S. A. Siddiqui, J.

( 1 ) THE petitioners, claiming to be the executors of the Will dated 18/5/1986 alleged to have been executed by the testator Sardari Lal Kochhar, have filed the present petition under Section 276 of the Indian Succession Act (for short the Act) for the probate.

( 2 ) PETITIONER No. 1 is the widow and the petitioner Nos. 2 to 5 are sons of the testator. Respondents No. 2 and 3 are daughters of the testator. On 18/5/1986, the testator executed a Will bequeathing the whole of his property movable and immovable to the petitioners. The testator died on 6/8/1986 and the probate petition was moved by the petitioners on 3/7/1987.

( 3 ) RESPONDENT No. 3 has denied the petitioners case in toto. Respondent No. 2 has resisted the probate petition contending that the Will dated 18/5/1986 is a forged document.

( 4 ) ON these pleadings, following issues were framed and my findings are recorded against them for the reasons given hereunder:-

1. Whether the Will in question has been duly executed? 2. Relief.

( 5 ) AT the outset, I must make it clear that the respondent No. 2 simply pleaded that the Will in question is a forged document and the defence of the respondent No. 3 i









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