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2012 Supreme(Del) 2599

PRADEEP NANDRAJOG, SIDDHARTH MRIDUL
Judge Pal Khera – Appellant
Versus
Chand Rani Khera – Respondent


Advocates:
For the Appellant :Mr.Sanjiv Kumar, Advocate., For the Respondent:Mr.Sunil Malhotra, Advocate and Mr.Amit Sanduja, Advocate for R-1., For the Respondent:Mr.Padam Kumar Khanna, Advocate for R-3, 4 and 6., For the Respondent:Ms.Purnima Maheshwari, Advocate for R-7.

JUDGMENT :

Pradeep Nandrajog, J.

1. Appellant was the petitioner in Probate Case No.49/2006.

2. Claim in the petition was to grant Letter of Administration with will dated May 31, 1994 annexed.

3. The will in question pertained to the estate of petitioner’s father, late Sh.Ram Lal Khera.

4. As per the petition, late Sh.Ram Lal Khera, in a sound disposing mind and in presence of witnesses, had executed the will in question and got the same registered on June 07, 1994. As per the petition, Sh.Ram Lal Khera had bequeathed only a life estate in favour of his wife to use and enjoy the property and the corpus was devolved upon the petitioner and his son.

5. The mother, i.e. Smt.Chand Rani Khera did not file a written opposition to the petition filed, but the record of the learned Single Judge would reveal that she did not join issues with the petitioner on the subject of her husband having executed the will in question. She questioned the interpretation of the will as propounded by the petitioner and claimed complete title to the estate.

6. Thus, the only issue to be adjudicated by the learned Single Judge was to interpret the will and the said issue finds itself reflected in the order dated Ja




























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