JOYNA JOHN Vs. STATE

JUDGEMENT

(1.) The present appeal under section 299/384 of the Indian Succession Act, 1925 is directed against the order dated 02.07.2007 passed by learned Additional District Judge, whereby the learned Judge has dismissed the petition of the appellant filed under Section 276/279 of the Indian Succession Act seeking probate in respect of the Will dated 05.11.1997 executed by Sh.Luke John in Probate Case No. 256/06/05 titled as Smt.Joyna John Vs. The State and Ors.

(2.) Briefly stating, the facts giving rise to filing of the present appeal are that late Sh. Lukhe John had executed a Will dated 05.11.1997 in respect of the immovable property i.e. B-43, DTC Colony, Hari Nagar, New Delhi and other movable properties/assets mentioned in schedule A and expired on 2.3.2003 leaving behind his three daughters i.e. the appellant herself and respondent Nos. 2 and 3 and one son, namely, Ibneazer John, respondent No.4. Notice of the petition was issued to the State through Collector and also to the legal heirs of the deceased. Citation was also got ordered to be published in the newspaper Rashtriya Sahara. but publication not received and copy of the citation was got affixed on the notice board of the court house and all the legal heirs were also served of the notices, however, none appeared despite service of notice and they were proceeded against ex parte vide order dated 17.11.2005 and 28.02.2006.

(3.) The appellant in support of her petition filed her own affidavit in evidence as PW-1 and has also got recorded the statement of PW-2 Sh. Prakash Lal who is one of the attesting witnesses to the Will through Commissioner.