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1999 Supreme(Del) 981

VIKRAMAJIT SEN
SANTOSH MEHROTRA – Appellant
Versus
SATISH MEHRA – Respondent


Advocates Appeared:
J.H.Jafri, M.S.Vinayak, R.K.SINGHAL

Vikramajit Sen, J.

( 1 ) SOME persons have a proclivity for executing Wills, as this case demonstrates. Late Smt. Indrani Devi, the mother of the parties hereto, appears to have executed and registered a Will firstly on 5. 9. 1994 in which she bequeathed her estate jointly to her two sons, the parties hereto (her third son had predeceased her ). The suit for declaration and perpetual injunction is predicated on this Will. Why a probate petition has not been field, will probably fall for consideration on some future date. In response to the plaint, in the Written Statement it has been pleaded that "there was a latest Will dated 28. 3. 1995 which is duly registered and which has been suppressed, and by this testament all previous Wills had been cancelled". It needs to be highlighted that Wills is in plural. The original Will dated 28. 3. 1995 is on record, and specifically mentions that previous Will (s) registered on 31. 1. 1995 in the Office of S. R. Delhi being document No. 4401, in addl. book No. III, Volume No. 2262, on pages 21 to 24 is hereby cancelled. Since the case is at a preliminary stage I would only, prima facie, observe that, as is unfortunately not uncommonly encounte






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