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2021 Supreme(Del) 1949

V. KAMESWAR RAO
Rajinder Parshad Sharma – Appellant
Versus
State – Respondent


Advocates appeared:
Richa Kapoor, Advocate, Kunal Anand, Advocate, Mukul Rawal, Advocate, Anmol Gupta, Advocate, Dhan Mohan, Advocate, Tanu B Mishra, Advocate, Ravi Mishra, Advocate, Mahima Gautam, Advocate, Navdeep Singh, Advocate

JUDGMENT

V. Kameswar Rao, J. - The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking probate of the document dated May 31, 1989 claimed to be the validly executed last Will of deceased Shyama Sharma, who died on January 07, 1990. The prayers made in the petition are the following:

    "It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to:

      (a) Probate the Last Will dated 31.5.1989 executed by late Smt. Shyama Sharma, in favour of the Petitioner.

        (b) In the alternative grant letter of Administration to the Petitioner

          (c) Pass any other order or further orders deem fit and proper in the facts and circumstances of the case."

          2. It is averred in the petition that the testatrix is survived by the petitioner, who is the adopted son of the testatrix and has been appointed as an executor to the Will, and four daughters i.e., Respondent Nos. 2-5 viz. Smt. Usha Pushkarna (died during pendency of the petition), Smt. Kamla Sharma, Smt. Krishna Dwivedi and Smt. Santosh Sharma. It is noted from the record that the husband and one daughter (Late Nirmala Pushkarna) of the testatrix pre-deceased her.

          3. The deceased is stated to have execut

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