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2006 Supreme(All) 2983

SUNIL AMBWANI
BINA GUPTA – Appellant
Versus
KUMKUM MITTAL – Respondent


Advocates:
ANIL SHARMA,

SUNIL AMBWANI, J.

The plaintiff Late Smt. Bina Gupta filed testamentary case No. 13 of 1993 for grant of probate of Will dated 1-4-1993 alleged to be sealed in the envelope and handed over to the plaintiff executed by late Sahu Basheshwar Dayal (the deceased), died on 15-6-1993 at New Delhi leaving behind properties

mentioned in the schedule including a residential house alongwith Nohra at Chandpur District Bijnore, a grove plot 2105 measuring 6 bigha 14 biswa in Kasba Chandpur and all land and trees thereon, which were his Bhumadhari as well as shares in Delhi Cold Storage Private Ltd. and interest in the firm of Sahu Basheshwar Dayal. The deceased had one son Shri Suresh Mittal, who predeceased him and six daughters including the plaintiffs.

2. Notices were issued to next of kin mentioned in para 2 of the plaint, which include Smt. Kumkum Mittal, widow of late Suresh Mittal and her minor children Sandeep Mittal and Ravi Mittal and other daughters namely Smt. Malti Mangla, Smt. Meena Gupta, Smt. Sarojani Agrawal, Smt. Manju Gupta and Smt. Asha K. Gupta.

3. Smt. Kumkum Mittal wife of late Suresh Mittal filed objections stating that Section 228 of the Indian Succession Act, 1925 is n





































































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