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2021 Supreme(Del) 223

V.KAMESWAR RAO
Nikhil Nanda – Appellant
Versus
State of NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioners:Gaurav Puri, Sarthak Gupta, Rajesh Chugh, Advocates.
For the Respondents:Madhu Sudan Bhayana, Amit Baisoya, Advocates.

JUDGMENT :

1. This petition under Section 276 of the Indian Succession Act, 1925 was initially filed by two petitioners (namely Nikhil Nanda and Ritu Nanda), with the following prayers:

“In view of the above stated facts and circumstances, it is therefore prayed that this Hon'ble Court may be pleased to:

a. Grant, in favour of the Petitioner being the named Executor, Probate of the Will dated 04-01-2018 duly executed by the Testator, Late Shri Rajan Nanda @ R P Nanda Son of Late Shri Har Prasad Nanda and

b. Pass such other or further order/s or such directions, as this Hon'ble Court may deem fit, just and proper in the circumstances of the case and also to meet the ends of justice.”

2. In substance, Nikhil Nanda petitioner No.1 is seeking Probate of the document purported to be the Will dated January 04, 2018 of the deceased Rajan Nanda @ R.P. Nanda. It is stated in the petition that petitioner being the appointed executor / administrator to the Will has distributed amongst the beneficiaries the immovable property(s) mentioned in the Will and also the movable properties.

3. It is stated in the petition that the testator Rajan Nanda @ R.P. Nanda, who expired on August 05, 2018, in Gurugam

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