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 testator has given Rs.15,000/- each of his grandsons and daughters and great grand children (children of his sons) and Rs.5,000/- each to grand children of his daughters as a token remembrance. Main bequeath, insofar as interests are concerned, relates to his interest and share in M/s. H. G. Gupta and Sons as well as M/s. Mridul Enterprises Partnership, two partnership firms and his shares and other interest in M/s. Hansraj Gupta and Company Private Limited. He also had a share in two properties, viz., No.20, Barakhamba Road, New Delhi and residential property, i.e., 3, Amrita Shergil Marg, New Delhi. As per this Will, his interest and shares in these properties devolved are as under: