DESH RAJ GUPTA Vs. STATE

JUDGEMENT

(1.) THE genuineness and validity of purported Will dated 28.02.1985 got registered on 29.05.1985 of Lala Hansraj Gupta, Ex. Mayor of Delhi is the subject matter of the present appeal. After the death of Lala Hansraj Gupta (hereinafter referred to as "the testator") on 03.07.1985, the appellant (one of his sons) filed the probate case No.62/1985 in October, 1985, propounding that Will. Some other legal heirs had challenged the veracity thereof. The learned Single Judge has returned his findings holding that the purported Will, in his opinion, is not a genuine Will which has resulted in the dismissal of the probate petition. Assailing that judgment, present appeal is preferred by the appellant.

(2.) THE testator had a family consisting of wife, four married sons and two married daughters. Names of his children and few grand children are mentioned in the opening part of the Will. Family chart is as under :

(3.) The Will is stated to be drafted by one Mr. S.K. Tiwari, Advocate. There are three witnesses to this Will, viz., Ms. Angira Gupta (wife of the testator), Mr. M.P. Tiwari and Mr. S.K. Tewari. Mr. S.K. Tewari signed the Will in dual capacity i.e., both as a witness and as a drafting counsel. Three sons of the testator, viz., Desraj Gupta (the appellant), Shiv Raj Gupta and Rajendra Kumar Gupta (Objectors) were appointed as the executors.