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2007 Supreme(Del) 231

GITA MITTAL
S. S. SRIVASTAVA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.C.Vohra, Nidhi Minocha, RAHUL SRIVASTAVA


GITA MITTAL, J.

( 1 ) 1. By this petition under Section 300 read with Sections 276 and 239 of the Indian Succession Act, 1925, Dr. S. S. Srivastava has sought probate of a document asserted to be the last Will and Testament dated 28th August, 1977 purportedly executed by late Shri Ram Singh Srivastava. The petitioner has arrayed his four sisters Mrs. Shashi Srivastava, Ms. Kusum srivastava, Ms. Suman Srivastava and Mrs. Nayan Srivastava as respondent nos. 2-5 in the petition. Public notice of the filing of the petition was directed to be published in the Delhi and the overseas edition of 'the statesman by the order dated 20th December, 1999. On the same date, notice was also ordered to be issued to the Chief Revenue Controlling authority and the respondents. Such publication was duly effected in the issue dated 8th April, 2000 in the local and overseas edition of 'the statesman. No objections were filed by the general public, however the respondent No. 2 filed an application being IA No. 434/2001 under Section 282 of the Indian Succession Act, 1985 raising objections to the grant of probate. Replies raising objections to the petition were also filed by the respondent nos. 2, 3 and


































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