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2012 Supreme(Del) 548

MANMOHAN SINGH
PAWAN JOLLY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mr. Sandeep Sethi, Sr. Adv. with Mr. Harpreet Singh, Adv.
Mr. Raman Kapur, Adv. for the Objector, Shri Anil Jolly.

MANMOHAN SINGH, J.

1. The petitioners filed the above-mentioned petition under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of the registered Will dated 05.02.1991 executed by deceased Shri Brij Bhushan Jolly with regard to his estate. The said Shri B.B. Jolly died on 21.01.1995.

2. The particulars of legal heirs of the deceased Shri B.B.Jolly are given as under:-

(i) Mr. Pawan Jolly – Son (Petitioner No.1)

(ii) Mrs. Nirmal Jolly – Widow (Petitioner No.2)

(iii) Mr. Anil Jolly – Son (Objector)

(iv) Mrs. Beena Mehra – daughter

(v) Mr. Rakesh Jolly – Son

3. The above said Will and testament of the deceased Shri B.B.Jolly was duly executed and registered with the Registrar vide Book No.606, Volume No.III, Addl. Book No.588, Pages 153-157 on 05.02.1991. The petitioner No.2 who was the widow of the deceased, died on 07.05.2007 during the pendency of the present proceedings.

4. It is alleged that a plot was purchased on 08.09.1969 by the deceased Shri B.B.Jolly and subsequently constructed a building thereon in the year 1971. The property consists of 1.1/2 storey building at that point of time and later on, the first floor of the said property was sold in

























































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