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2018 Supreme(Del) 580

S.P.GARG
ANIL PRAKASH – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Jaydeep Sarma, Advocate.
For the Respondent:Mr.Dinesh Agnani, Sr.Advocate with Ms.Leena Tuteja & Mr.Ishaan Chawla, Advs

JUDGMENT :

S.P.GARG, J.

1. Present petition under Sections 276 and 278 read with Sections 218 and 237 of Indian Succession Act, 1925 (hereinafter ‘the Act’) has been filed by the petitioners – Anil Prakash and Sunil Prakash for grant of Probate/Letters of Administration.

2. Briefly stated, the petitioners’ case is that deceased Dr.Satya Prakash, a male Hindu, died at Sahi Hospital on 02.02.2001. Upon his death, the deceased left behind his wife Usha Kiran (since expired on 25.11.2002), Anil Prakash (petitioner No.1) -son, Sunil Prakash (petitioner No.2) -son and Rita Gulati (daughter) -respondent No.2. During his life time, the deceased executed various Wills, including the one dated 17.07.2000 being his last Will. The Will in question was duly attested by two attesting witnesses -Anil Bhalla and Praveen Vashist, Advocate. The Will after its execution was handed over to Dr.Dharam Pal, his brother. On 18.05.2004, the petitioners were informed about the Will in question. The respondent No.2 was contacted on 08.06.2004 and apprised about the Will in question and the earlier Wills. It is averred that the deceased bequeathed his half share in the property No.18-A, Nizamuddin West (hereinaf



























































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