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In The Prop. Of Late Ganga Bakhsh ... vs Unknown

High Court Of Judicature at Allahabad|09 May, 2012

JUDGMENT / ORDER

The petitioner is seeking probate of the will dated 2.9.2008, alleged to have been executed by late Ganga Baksh Singh.
Petitioner is not an executor in the said will. Therefore, in view of section 222 of the Indian Succession Act, he is not entitled to seek probate of the same. At best, he can only apply for grant of letters of administration on the basis of the aforesaid will.
In view the above, counsel for the petitioner is permitted to amend the prayer made in the petition.
He is also directed to take steps to prove the will by filing a proper affidavit of one of the attesting witnesses. He is allowed 2 weeks' time for doing the needful.
List it thereafter.
Order Date :- 9.5.2012 sks-grade iv
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Title

In The Prop. Of Late Ganga Bakhsh ... vs Unknown

Court

High Court Of Judicature at Allahabad

JudgmentDate
09 May, 2012
Judges
  • Pankaj Mithal