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IN THE I-IIGH COURT OF DELHI AT NEW DELH!
TEST.CAS. 6612010
MUKESH KTJMAR
JUDGMENT
SHARMA & ANR ..... Petitioner
Through: Mr. D.S. Vohra, Advocate
VCTSUS
STATE ..... Respondent
Through
1. Whether the Reporters of local papers may be allowed to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest? G.S.S|STANI, l. (ORAL) 1.. This is a petition under Section 276 of the lndian Succession Act for grant of probate and letters of administration with respect to Will of the deceased, Smt. Somawati Devi dated 04.07.2001. The deceased is stated to be a permanent resident of 309, Masjit Moth, New Delhi. Smt. Somawati Devi died on 16.11.2009, copy of ihe death certificate has been placed on record, marked as Ex.P-4. Notice was issued to the State as also to the Chief Revenue Controlling Authority. The valuation report'has been received. Notice was published in the daily newspaper 'The Statesman' as also irt 'The Hindu', local newspaper having the circulation in A.lwar District (Rajasthan). No objections have been filed by the close -a-.,.ts TEsT.CAS. 66/20L0 7/2 2011:DHC:18411 \o relations. The present petition has been supported by the affidavits of "both the attesting witnesses.- Mr.Nath singh Meena has filed his affidavit by way of evidence wherein he has stated that he was present when Smt. Somawati Devi put her thumb impression on the Will and he also put his thumb impression on the same on 04.07.2007 in her presence. The Will has been exhibited as Ex.P-l and he (Mr.Nath Singh Meena) has further deposed that he had put his thumb impression thereon at point (B) lt is submitted that at the time of execution of the Will, Smt.Somawati Devi was in a fit state of mind and having good health and proper disposition. This witness has further deposed that he has put his thumb impression as' an attesting witness in the presence of sh.Rameshwar Dayal and sh.Rameshwar Dayal signed the will in his presence and Smt.somawati Devi executed the Will in their presence. The second attesting witness Sh.Rameshwar Dayal has also deposed on the sanre lines.
2. ln view of the testimony of the petitioner and both the attesting witnesses, it is proved that Smt.somawati Devi executed Will dated
04. O[7].2OO[7] which was her last Will. Accordingly, the present petition is allowed. on filing the necessary court Fee, letters of administration be granted in favour of the petitioners.
3. Petition stands disPosed of.,! a AUGUST L[2], ZOLI ssn/2 TEsT.CAs. 66/201.O J- --e;ffi