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1996 Supreme(All) 1081

A.K.BANERJI
SANTOSH KUMAR GUPTA – Appellant
Versus
HARVINDER NATH GUPTA – Respondent


Advocates Appeared:
C.P.MISHRA, J.NAGER, V.P.MISRA,

A. K. BANERJI, J.

Testamentary Case No. 12 of 1993 was filed by the petitioner for grant of Letters of Administration with the Will annexed in respect of the estate of one Sulaki Lal since deceased.

2. Brief facts, as set out in the petition, are that Sulaki Lal died on 24-6-1970 leaving the properties detailed in the schedule annexed to the affidavit. The deceased had prior to his death executed a Will dated 2-11-1963 regarding his properties. The petitioner is one of the grandsons of the deceased testator and is also a beneficiary named in the Will, as such the petitioner is entitled to the Letters of Administration with the Will annexed in respect of the estate left by the deceased. The petitioner was accompanied by the affidavit of the petitioner annexing a schedule of the properties with regards to which the Letters of Administration was sought. The petition was also accompanied by the affidavit of one Jeet Mal Mishra, Advocate, who is said to have drafted the Will under the instructions of the deceased testator and in whose presence the Will is stated to have been signed by the testator and two attesting witnesses of the said Will.

3. On 21-5-1993 this Court issued notice to









































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