KULDEEP KAUR Vs. STATE

JUDGEMENT

(1.) This is an appeal arising out of the order dated 01.10.2007 whereby the Addl. District Judge has been pleased to dismiss the probate petition bearing No. 175/06/04 filed by the appellant for seeking letters of administration in respect of Will dated 03.05.1990 of Shri Shangara Singh, the deceased, in respect of property bearing No. 207 Gautam Nagar, New Delhi as one of its beneficiary under the Will.

(2.) According to the appellant, late Shri Shangara Singh expired on 25.05.2002 leaving behind the appellant being his wife as one of the legal heir besides respondents No.2 to 10 as his other legal heirs. Prior to his death, he had executed Will dated 03.05.1990 which, it is stated, was duly registered bequeathing immovable property to her. The appellant herein filed a probate petition before the Additional District Judge, notice whereof was issued to the State through Collector as well as to the other legal heirs legal heirs were duly served. While respondent Nos. 2, 4, 6 & 7 submitted their no objections, respondent Nos. 5, 8 & 10 did not file any objections but the probate was contested by respondent Nos. 3 who filed objections to the grant of probate/letters of administration in respect of the Will in question. According to the objector late Shri Shangara Singh did not execute any Will and died intestate. It was alleged that the Will dated 03.05.1990 was a forged and fabricated document to usurp the right, title and interest of the other legal heirs. He also stated that there was no reason for his father to exclude him as he was having cordial relations with his father. He also questioned the authenticity of the Will in having excluded him from the estate left by his father.

(3.) The appellant filed reply to the objections reiterating and re-affirming the contents of the probate petition.