NINA AGARWALLA Vs. ASHOK GUPTA

JUDGEMENT

(1.) These two Appeals arise from a common order dated 13 March, 2013 passed by the learned Single Judge dismissing:

(2.) The Appellant and the Respondents in both the Appeals are essentially heirs of one Devraj Gupta who expired on 13 October, 1965 save and except Defendant No.8 in suit No.3069 of 2011 who is a transferee of the suit properties.

(3.) On 13 October, 1965 the said Devraj Gupta expired, having executed the Will dated 28th March, 1964. In terms of the Will dated 28 March, 1964 Devraj Gupta bequeathed all his properties to his wife and two sons absolutely in equal shares. The widow of the deceased Devraj Gupta was one Mrs. Usharani Gupta who applied for probate in 1969 by filing the above Probate Petition. At the time when an application for probate was made, the Appellant was as unmarried adult daughter staying with her mother who was the widow of the deceased Devraj Gupta and her two brothers who were sons of the deceased Devraj Gupta, who were minors at that point of time. The other heirs of the deceased Devraj Gupta were married daughters. This Court on 12 March,1973 granted the probate to the Will dated 28 March, 1964 of the deceased Devraj Gupta.