FAO No.336 of 2008. Page 1 of 2 UNREPORTABLE * IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.336/2008 Date of Decision: January 12, 2010 O.S.BAWA ..... Appellant Through Dr. Saif Mahmood, Advocate with Mr. Sumant De, Advocate versus STATE AND ORS ..... Respondents Through Mr. Siddharth Bambha, Advocate CORAM: HON'BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? No 2. To be referred to the reporter or not? No 3. Whether the judgment should be reported in the ‘Digest’? No REKHA SHARMA, J. (ORAL) This appeal has been preferred against the order of an Additional District Judge dated July 09, 2008 dismissing a petition filed by the appellant under Section 278 read with Section 234 of the Indian Succession Act, 1925 for grant of Letters of Administration of Will dated September 08, 2004 executed by Pushp Lata Ahuja in his favour. It is not disputed that Pushp Lata Ahuja upon her death left behind four class-II legal heirs who were her three sisters and one brother. The said legal heirs were ex-parte in the trial Court but in the appeal before me they are being represented by a counsel. Notwithstanding the fact that there was no opposition to the grant of FAO No.336 of 2008. Page 2 of 2 Letters of Administration from the respondents, the trial Court disbelieved the Will on the ground that no reason has been assigned by the testator in the Will for disinheriting her legal heirs and bequeathing the property in favour of her brother-in-law and also on account of the fact that no evidence was led with regard to the state of health of the testator. Having regard to the fact that there is no objection from the legal heirs of the deceased-testator to the grant of Letters of Administration to the Will dated September 08, 2004, the suspicion expressed by the learned Additional District Judge with regard to the execution of the ‘Will’ on the grounds as noticed above does not survive. In any case, in so far as the state of health of the deceased-testator is concerned, the appellant had stated before the trial Court that the testator was in sound disposing mind at the time the Will was executed. For the fore-going reasons, I set-aside the impugned order dated July 09, 2008 and grant Letters of Administration to the appellant on furnishing valuation certificate from the Sub Divisional Magistrate and paying stamp duty on the same and also completing the other usual legal formalities. List before the concerned Registrar for further necessary action, on January 20, 2010. REKHA SHARMA, J. JANUARY 12, 2010 ka