SWAMI SUPRAKASHANANDA Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against a judgment dated 21.01.2017 passed by learned ADJ-02, North-West, Rohini Courts, Delhi in PC No. 50836/2016 [Old PC No. 95/2012]. By the impugned judgment, the Trial Court rejected a petition for grant of probate/letters of administration, in respect of a Will dated 19.04.2011 of late Ms. Sarla Mehra [hereinafter referred to as the "Will"].

(2.) The petition was filed by the appellant No.1 on 31.10.2012 seeking probate/letter of administration of the Will, which was registered. The appellant No.1 is the secretary of Ramakrishna Mission Sevashrama, Vrindavan, District Mathura, Uttar Pradesh [appellant No.2 herein], and was appointed as the executor of the said Will.

(3.) The Will in original, as also the death certificate of the testatrix, were annexed with the probate petition. It was stated that the testatrix was unmarried and had left three legal heirs being her sister [Smt. Kusum Arora], sister's son [Sh. Samir Arora] and sister's daughter [Smt. Anita Mehra]. The movable and immovable properties of the deceased were enumerated. Alongwith the probate petition, copies of two sale deeds dated 16.04.1998 and 17.04.1998 executed by Sh. M.R. Khan and Smt. Maryam Khanam in favour of the testatrix were also filed in respect of the immovable property, being Flat No. LD- 194, Sardar Patel Apartments, Pitampura, Delhi- 110034.