KARAMJEET SINGH BEDI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment/order passed by the Additional District Judge on 16.11.1996 dismissing the petition filed by the Appellant and Smt. Ajit Kaul-Bedi praying for grant of probate/letters of administration in respect of the estate left behind by the deceased S. Sant Singh Bedi on the basis of his registered WILL dated 29.7.1975. During the pendency of the aforesaid proceedings Smt. Ajit Kaur died on 26.6.1990 and in view of the aforesaid eventuality an application was filed by the Appellant under Order 32 Rule 12 of the Code of Civil Procedure for permission that he be allowed to continue the proceedings in his own name because of his attaining majority during the pendency of the proceedings and also on account, of the fact that Smt. Ajit Kaur died leaving behind the Appellant as her sole surviving heir and legal representative. The said application was allowed and therefore, the present appeal has been preferred by the Appellant along being aggrieved by the aforesaid judgment/order passed by the Additional District judge.

(2.) S. Sant Singh was married in the year 1937 to Smt. Satwant Kaur and they had a son born out of the wedlock. The said son however, died subsequently but after alleged execution of the WILL on 29.7.1975. It is alleged by the Appellant herein that in the year 1956 the deceased married Smt. Ajit Kaur Bedi but they had no issue and accordingly the Appellant herein was adopted by the couple. The deceased, at the lime of his death left behind an estate comprising of a house bearing No.M-35, Kirti Nagar, New Delhi 2 Fixed Deposits Receipts of Rs.20,000.00 and Rs. 15,000.00 respectively and half share in an industrial plot of 3000 sq. Yds. at Rajkot in Gujarat. It is also alleged that the deceased executed a WILL by which he bequeathed his entire movable and immovable properties by creating a life interest in respect of the same in favour of Smt. Ajit Kaur Bedi and after her death in favour of the Appellant absolutely. It is however, to be stated herein that the marriage of the testator with Smt. Satwant Kaur was not formally dissolved till the date of his death. Basing the claim on the WILL the petition for grant of Probate/Letters of Administration was filed by the Appellant and Smt. Ajit Kaur Bedi.

(3.) The aforesaid WILL of the testator was however, challenged by his first wife and the son Balwinder Singh who filed their objections against the same in the probate proceedings. The validity and genuineness of the aforesaid WILL was challenged on the ground that the said WILL is forged and fabricated document and does not bear the signatures of the testator. It was also alleged by them that the testator was not in sound disposing mind at the time of execution of the alleged WILL. It is also stated that no reason has been given in the WILL for disinheriting the legal heirs and close relatives.