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2014 Supreme(Del) 335

JAYANT NATH
Rajindra Motwani – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioner:Inderjeet Saroop, Advocate.
For the Respondents:R2 to R5, Anuradha Sharma, R6 to R8, Neeraj Kumar Jain, Senior Advocate with Saurabh Suman Sinha, Ravneet S. Joshi, Advocates.

Judgment :

Jayant Nath, J.

1. The present probate petition is filed under Section 276 of the Indian Succession Act seeking probate for the last Will and testament dated 29.08.1997 of the deceased late Sh.Pritam Das. The present petition is filed by Sh.Rajendra Motwani, the son of the Testator and the sole executor of the Will. The said Testator-Late Sh.Pritam Das expired on 12.04.2000. His last place of residence is stated to be A-1/33, Janak Puri, New Delhi.

2. As per the memo of parties, the said Testator-Late Sh.Pritam Das is survived by four daughters, namely, respondents No.2 to 5 and four sons, namely, the petitioner and respondents No. 6 to 8.

3. The notices were issued on 05.11.2008 and publication was also ordered in Hindustan Times (English) and Nav Bharat Times (Hindi). The necessary citations were published.

4. Respondents No. 2 to 5 separately filed their response to the petition stating that they have no objection to grant of the present probate petition. Respondent No.7- Mr.Madhavdas Motwani filed reply/written statement objecting to the grant of the present probate petition on 31.03.2009. Subsequently another reply/written statement was filed on behalf of respondents No.













































































































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