DEVENDRA KUMAR ARORA,J. - (1.) Smt Usha Mohan, (hereinafter referred as the "applicant/petitioner") has preferred the instant application/petition under-section 278 of the Indian Succession Act for grant of Letter of Administration to the property and credits of the said deceased, namely, Late Sri M.C. Mohan.
(2.) Shorn of unnecessary details, the facts in brief which have given rise to filing of the instant application are that one Late Sri Mehr Chand Mohan son of Late Gonda Mall Mohan died on 16.12.1992 in Lucknow. Prior to his death i.e on 20th April 1990, he had made and published his last 'WILL' and testament duly registered in the office of Sub-Registrar Lucknow, dated 26.05.1990 by which he left and bequeathed his estate and effects as per detail given in the 'WILL' itself.
(3.) It is said that the said "WILL' was duly executed by Late Sri M.C. Mohan on 20.4.1990 in presence of the witnesses, namely, Sri B.C. Agarwal, and Anoop Singh, Advocates whose names appear at the foot thereof and was also duly attested by them. Since no executor was appointed by the testator, the applicant being his daughter-in-law and one of the persons entitled to a share of his estate, is entitled to and so claims administration of the property of the testator, namely, M.C. Mohan.;