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2011 Supreme(Del) 802

MOOL CHAND GARG
Ratan Mani – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. Rajeev Sharma, Mr. Chandan Sharma, Advocates for the Appellant.
Mr. J.C. Mahendru, Advocate for the Respondents.

Mool Chand Garg, J.

1. The appellant by this appeal assails the order passed by learned Additional District Judge in a probate case bearing No. 114/1994 whereby the learned ADJ allowed the said petition instituted by Smt. Krishna Batra, mother of the deceased testator, Sh. Vijay Kumar Batra for the grant of letters of administration of Will dated 15.04.1984 alleged to have been executed by her deceased son whereby he bequeathed his entire moveable and immoveable estate in favour of his mother, propounder of the Will.

2. There is no dispute that the testator Sh. Vijay Kumar Batra died in Delhi on 25.06.1984. On the date of his death, he was survived by his parents, 3 brothers and 2 married sisters besides his widow, Smt. Rajni Batra @ Ratan Mani. Nobody contested the probate petition except the widow of the testator, namely, Smt. Rajni Batra @ Ratan Mani, the appellant in this case. During the pendency of the probate petition Smt. Krishna Batra, the propounder of the Will expired but before that, she also executed a Will dated 30.11.1985 bequeathing the estate of Late Sh. Vijay Kumar Batra which devolved upon her on the basis of Will dated 15.04.1984 of Late Sh. Vijay Kumar Batra in f

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