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2016 Supreme(Del) 4273

DEEPA SHARMA
AABHAS – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sunil Mund and Mr. Manoj Kumar.
For the Respondents: Mr. Vinod Kr. Goyal, Mr. Abhinav Singh and Mr. Prashant Tomar.

JUDGMENT :

DEEPA SHARMA, J.

1. The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of Will dated 02.11.2009 of late Shri Rameshwar Dayal Sharma, S/o Pandit Ram Singh in respect of property bearing No. 86, Unique Apartments, Plot No. 2, Section 13, Rohini. It is submitted that Shri Rameshwar Dayal Sharma was a permanent resident of this property and his wife pre-deceased him on 18.01.1983. Shri Rameshwar Dayal Sharma during his life time executed a Will dated 02.11.2009 of his own free will and without any coercion and undue influence and that he was in his sound and disposing mind and health at the time of execution of the said Will. The said Will was duly attested by the witnesses. It is submitted that the petitioner is the sole surviving executor of the said Will. The surviving member certificate issued by the Executive Magistrate, Alipur, Delhi is also attached along with the plaint. The copy of ration card is also tagged along with the plaint, including the true copy of the election identity card of the petitioner showing details. The list of assets and properties of late Shri Rameshwar Dayal Sharma as per Will a








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