Sharda Relan vs State - 2023 Supreme(Del) 3468

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3468

MANOJ KUMAR OHRI
Sharda Relan – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. Sanjeev Sindhwani, Senior Advocate with Ms. Vidhi Goel, Ms. Malini Sud and Mr.Krishna Dev Yadav, Advocates, for the Appellant.
Mr. Rajshekhar Rao, Senior Advocate with Mr. Anuj Shah and Ms. Yamini Mukherjee, Advocates, for Respondent No.2.
Mr. Varun Ahuja, Advocate, for Respondent No. 3

JUDGMENT

Manoj Kumar Ohri, J.

1. By way of the present petition filed under Section 276 of the Indian Succession Act, the petitioner seeks grant of probate of registered Will dated 22.03.2012 (hereinafter, referred to as the `Will') executed by her deceased husband viz. late Sh.Narinder Dev Relan.

2. Out of the petitioner's wedlock with late Sh.Narinder Dev Relan, two sons i.e., Respondents No.2 and 3 were born. While respondent No.3 filed his affidavit of no-objection to the petition, respondent No.2 filed objections. In pursuance of the directions for citation to be published in the newspaper, no member of public filed any objections.

3. Petitioner states that the deceased was a citizen of India and permanently residing at 25, Sardar Patel Marg, New Delhi at the time of his death. He was Hindu by faith and left behind petitioner and respondent Nos.2 and 3 as his only legal heirs.

4. It has been further averred that the deceased in his lifetime had executed the Will with respect to all his assets. Along with the petition, a list of immovable and movable assets of deceased testator has been placed on the record. The Will was registered in the office of Sub Registrar VII on 22.03