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2016 Supreme(Del) 3382

SUNIL GAUR
SANJEEV DESAI – Appellant
Versus
STATE NCT OF DELHI – Respondent


Advocate Appeared:
For the Appellant :Mr. Mukesh Gupta, Advocate
For the Respondent:Mr. Arun Kumar Panwar, Ms. Aayushi Gupta, Advocates for Mr. Raman Duggal, Ms.Vrishti Gupta, Advocate

JUDGMENT :

1. Impugned order of 06th July 2015 dismisses appellant’s probate petition in respect of the Will dated 14th March, 2011 by holding that the Will produced by the appellant/petitioner does not inspire confidence.

2. The factual backdrop, as noticed in the impugned order, is that appellant is Executor of the Will of 14th March, 2011 executed by late Sh. Lalit Mohan Gupta who had passed away on 05th January, 2013. The parents of the Testator had pre-deceased him and the Testator was survived by his wife Mrs. Constance Gupta and daughter, namely Ms.Charu. The appellant/petitioner was appointed as Executor of the Will in question as he was a neighbour and the close friend of the Testator. The Will in question pertains to various amounts lying in the banks in fixed deposits, shares etc. and immovable property i.e. First floor of the property No.174-Golf Links, New Delhi which is under lease to M/s. Desaico Consulting Pvt. Ltd. for a period of 20 years.

3. The contents of operative portion of the Will in question (paragraph Nos.7 to 9 thereof) have been reproduced by Trial Court in the impugned order. A bare perusal of the Will in question reveals that the aforesaid immovable prop














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