SANATAN DHARAM SABHA Vs. STATE

JUDGEMENT

(1.) Appellant's Probate Petition No. 236/82 was rejected by the Probate Court (ADJ, Delhi). He is in appeal to assail the dismissal order.

(2.) The controversy surrounds property No. R-860, at New Rajinder Nagar, Delhi allotted to two brothers Ganpat Rai Chadha and Nand Gopal Chadha. Ganpat is said to have executed a Will in respect his 50% share in it which was registered on 26.10.1997 and out of which appellant was to receive 40% of sale proceeds.

(3.) After Ganpat Chadha's death on 25.12.1978 appellant obtained a copy of the Will and applied for letter of probate. Notice was issued to all legal heirs and relatives of deceased testator including his co-sharer or other Nand Gopal Chadha. Most of them did not respond or conveyed no objection but Nand Gopal Chadha contested. His stand was that the Will in question was procured under undue influence and duress of testator sister and brother.