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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Decided on: 05.12.2016

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TEST.CAS. 77/2015

AABHAS

..... Petitioner

Through:

Mr.Sunil Mund and Mr. Manoj

Kumar,

Advocates

alongwith

petitioner in person.

Versus

STATE (NCT OF DELHI)

..... Respondent

Through:

Mr.Vinod Kr.Goyal, Mr.Abhinav

Singh and Mr.Prashant Tomar,

Advocates

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

JUDGMENT

1.

The petitioner has filed the present petition under Section 276 of the

Indian Succession Act, 1925 for grant of Probate of Will dated 02.11.2009

of late Shri Rameshwar Dayal Sharma, S/o Pandit Ram Singh in respect of

property bearing No.86, Unique Apartments, Plot No.2, Section 13, Rohini.

It is submitted that Shri Rameshwar Dayal Sharma was a permanent resident

of this property and his wife pre-deceased him on 18.01.1983. Shri

Rameshwar Dayal Sharma during his life time executed a Will dated

02.11.2009 of his own free will and without any coercion and undue

influence and that he was in his sound and disposing mind and health at the

time of execution of the said Will. The said Will was duly attested by the

witnesses. It is submitted that the petitioner is the sole