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2008 Supreme(Del) 447

PRADEEP NANDRAJOG
K. C. Bajaj – Appellant
Versus
udershan Kumari – Respondent


Advocates appeared
For Appellant/Petitioner/Plaintiff: Prashant Bushan and Mayank Mishra, Advs.
For Respondents/Defendant: S.K. Taneja and Puneet Taneja, Advs.

JUDGMENT

Pradeep Nandrajog, J.

1. The dispute in the above captioned appeal is between the family members/legal heirs of Late Smt. Krishna Devi Ahuja (hereinafter referred to as the testatrix).

2. The genealogy tree of the family of Late Smt.Krishna Devi Ahuja is as under:

Krishna Devi Ahuja (Testatrix) I I

------------------------------------------------

I I I

Krishan Kumar Ahuja(Son, non-objector) Ashok Kumar Ahuja(Son, objector) Usha Bajaj(Daughter)I

----------------

I I

Anil Bajaj (Son) Ameeta Bajaj(Daughter)

3. Testatrix left the world of the living on 22.07.1982. Her husband had predeceased her, having died somewhere in the year 1967 or 1968.

4. On 21.09.1987, Smt. Usha Bajaj (hereinafter referred to as the propounder) filed a petition under Section 276 of the Indian Succession Act 1925 seeking probate of a will dated 02.11.1977 purportedly executed by the testatrix. Inter alia, to establish that the will was validly executed by the testatrix attention of the court was drawn to the contemporaneous conduct of the testatrix vis-a-vis the contents of the will. It was pleaded that during her lifetime the testatrix had already implemented a substantial part of the bequest by transfer














































































































































































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