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2024 Supreme(Del) 702

PRATHIBA M. SINGH
Hreesh Kenth – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Amar Gupta & Mr. Zain Maqbool, Advocates, for the Petitioner.
Mr. Abhinav Garg (Panel Counsel for GNCTD) with Mr. Mihir Gujjewar, Advocates, for the Respondent-1.
Mr. Rajiv K Nanda & Mr. Yash Yadav, Advocates, for the Respondent-2 to 8.

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present petition under Section 276 of the Indian Succession Act, 1925 seeks grant of probate in respect of the last and final Will of late Smt. Raj Kumari Kenth (`Testatrix') dated 19th January, 2012. The t estatrix was married to late Shri. Sohan Lal Kenth and had eight children - named below:

(i) Mr. Tirath Ram Kenth (son) (Petitioner No. 2)

(ii) Mr. Hreesh Kenth (son) (Petitioner No. 1)

(iii) Mr. Permosh Lal Kenth (son) (Respondent No. 2)

(iv) Mr. Kishore Kumar Kenth (son) (Respondent No. 3)

(v) Late Mr. Pradeep Kumar Kenth (son)

(vi) Mr. Pawan Kenth (son) (Respondent No. 4)

(vii) Mrs. Sheila Devi Kambo (daughter) (Respondent No. 5)

(viii) Mrs. Leela Suman Taheem (daughter) (Respondent No. 6)

3. The Will dated 19th January, 2012 has been placed on record. The various movable and immovable properties which were owned by her are mentioned in paragraphs 4 and 6 of the petition which are set out below:

    "Immovable Assets

    (i) Freehold commercial-cum-residential property bearing no. R4, measuring 408 square yards, situated at Green Park, New Delhi, India (having built up area of approx. 7000 square feet building




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