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2006 Supreme(Del) 262

BADAR DURREZ AHMED
SUDERSHAN K. CHOPRA – Appellant
Versus
STATE – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THIS is an application filed by the sole legatee in respect of a will dated 23. 04. 1992 left by Late Brigadier (Dr) K. C. Chopra. In this application, the petitioner has prayed that she may be exempted from filing the Security Bond or, in the alternative, the Security Bond may be ordered to be furnished for a nominal sum.

( 2 ) THE probate proceedings culminated in the order of this court dated 30. 09. 2005 whereby probate was granted in favour of the petitioner in respect of the said will of her husband, Late Brigadier (Dr) K. C. Chopra. Under the said will dated 23. 04. 1992, the petitioner is the sole legatee and all the movable and immovable properties of the testator have been left to the petitioner. The probate proceedings were not contested and consequently the aforesaid order dated 30. 09. 2005 was passed by this court.

( 3 ) THE petitioner has already filed the court fee stamps of Rs. 1,20,920/- and is hereby seeking exemption from filing the Security Bond or, in the alternative, to furnish a Security Bond for a nominal sum on the ground that, she being the sole legatee in respect of the said will and there being no contest to the same, the co




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