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2014 Supreme(Del) 2656

VEENA BIRBAL
Ram Niwas Rana & Ors. – Appellant
Versus
Anil Kumar & Ors. – Respondent


Advocates Appeared:
For the Appellants :Mr. Sudhanshu Tomar and Mr. Bharat Sehrawat, Advocates.
For the Respondents:Mr. Satish Sahai and Mr. Kamal Garg, Advocates.

Veena Birbal, J.:--

1. This is an appeal under Section 299 of The Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’) against impugned judgment dated 18.04.2011 passed by the court of learned Addl. District Judge (Central) Delhi wherein the petition filed by the respondent No. 1 seeking probate of Will Ex.PW1/1 has been allowed.

2. The facts relevant for the disposal of the present appeal are as under:- The respondent No. 1 herein i.e. Anil Kumar was the petitioner before the learned District Judge, Delhi. He had filed a petition under Section 276 of the Indian Succession Act for the grant of probate of Will dated 05.04.1995 alleged to have been executed by Smt. Manno Devi. The husband of Manno Devi and grandfather of respondent No. 1 were brothers. As per respondent No. 1, Smt. Manno Devi i.e. testatrix had died on 09.02.2004. She had executed a Will during her lifetime on 05.04.1995 which was registered with the office of Sub Registrar, Delhi on that very day itself. It is alleged that in the said Will Smt. Manno Devi had bequeathed her share in a residential house as well as in the agricultural property in favour of respondent No. 1. It was alleged that the aforesai













































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