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1989 Supreme(Del) 243

MAHINDER NARAIN
SUBHASH CHOPRA – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
Rakesh Munjal

Mahinder Narain

( 1 ) THE petitioners Subhash Chopra and Sunilchopra have filed this petition for obtaining probate of Will executed bytheir father Shri Avinash Chopra. being Will dated 23. 5. 1985. The Will dated23. 5. 1985 has been proved by the attesting witnesses, namely Kalyan Singhp. W. 2, and Ashok Chopra, Public Witness 3. Both the attesting witnesses havedeposed about signing of the Will by the testator in their presence, and in thepresence of the attesting witnesses as also in the presence of Dr. Harbans Lal. The witnesses have deposed that the testator was in sound disposing mind.

( 2 ) IN view of the testimony of attesting witnesses, the Will Ex. P. 2has been proved.

( 3 ) AFTER filing of the probate petition, citations were published in "thehindustan Times", and notices were issued to the State through counsel forthe State. Notices were also issued to the legal representives of the deceasednamely, Smt. Sudha Chopra-widow; Smt. Renu Kapur-daughter; and Smt. Ayesha Davar-daughter. No objections were filed by any of the aforementioned persons to whom the notices were sent.

( 4 ) I accordingly grant probate of the Will dated 23. 5. 1985 in favourof the petitioners. The peti




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