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2019 Supreme(Del) 639

VINOD GOEL
Sujata Kohli – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Anil Goel, Adv., Rizwan Aftab, Adv., Rajiv Duggal, Adv., Bharat Kumar, Adv., In Person, Adv.

JUDGMENT :

VINOD GOEL, J.

1. This is an appeal under section 299 of the Indian Succession Act, 1925 against the Judgment dated 30.07.2016 passed by the court of Ld. Additional District Judge-06, Central District, Tis Hazari Court, Delhi (“ADJ”) in Probate Case no.58/10 (new no.42342/16) dismissing the petition of the appellant/petitioner for grant of Letters of Administration in respect of Will dated 21.03.2002.

2. The appellant filed a petition for grant of Letters of Administration in respect of Will executed by her father late Sh. Hari Mohan Bhandari dated 21.03.2002. It was registered with the concerned Sub Registrar. By virtue of this Will, the deceased bequeathed all his movable and immovable properties amongst his legal heirs. The testator had died on 16.09.2009. The appellant is one of the beneficiaries under this Will.

3. The short question that has arisen in this appeal for adjudication is whether the Will dated 21.03.2002 was proved in accordance with section 63 of the Indian Succession Act, 1925 (“ISA”) and Section 68 of the Indian Evidence Act, 1872 (“IEA”).

4. Section 63 of the “ISA” enlists the requirements to execute a will as under:

“63. Execution of unprivileged wills.-







































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