Sunil Ambwani, J. - (1.) Smt. Saguna Prem Manohar Sharma D/o Late Prem Manohar Sharma W/o Shri Jogesh Kumar Sharma filed Testamentary Case No. 9/94 for grant of Letters of Administration with the will annexed, executed by her father Shri Prem Manohar Sharma (hereinafter called as the deceased) dated 13.5.78, bequeathing all his properties except Farm House, Plot No. 230 on the plaintiff. The will provides that the Farm House and the entire movable properties shall devolve on Smt. Prem Lata, the wife of the deceased, and appointed Smt. Prem Lata as guardian of the plaintiff, to control and manage all immovable properties, which shall devolve upon her after his death.
(2.) Shri Prem Manohar died on 15.5.78 at his residence Prayag Agricultural Farm, Garh Road, Meerut. Smt. Prem Lata Manohar, the wife of Shri Prem Manohar also died on 16.11.88. The Testamentary Case was filed on 12.4.94 i.e. after 15 years and 11 months of the death of the testator.
(3.) It is alleged in para 2 of the plaint that the deceased had earlier executed a 'will' dated 9.1.76 in favour of the plaintiff and had appointed her mother as executor of the will. This will, however, was cancelled by the will dated 13.5.78. The petition encloses affidavit of Lt. Col. Guru Bux Singh Siddhu and Shri Siya Ram Singh, the attesting witnesses to the Will and a schedule of movable and immovable properties of the deceased, which include agricultural land (total area 17 bigha 19 biswa and 4 biswansis), old farm house situated in Khasra No. 230M, new farm house, go downs, servant quarters, garage, swimming pool and other assets valued at Rs. 5,30,508.50/-.;