MAHINDER PAL GUPTA Vs. NARENDER PAL MAHAJAN

JUDGEMENT

(1.) The appellants are aggrieved of the judgment delivered by the learned ADJ in Probate Case No.66/1995 whereby the learned ADJ has granted probate on the Will left by Late Sh. Raghubir Dass Mahajan (hereinafter referred to as "the testator") dated 14.11.1985 which was duly registered in the office of Sub Registrar, Kashmere Gate, Delhi in favour of the respondents, namely, Sh. Narender Pal Mahajan, Sh. Rajender Pal Gupta, Smt. Manorma Mahajan. The testator expired on 14.03.1997 and on the date of his death, he left behind him besides the appellants, his two daughters namely Smt. Manorama Mahajan, Ms. Santosh Kumari Mahajan and a son Sh. Mahinder Pal Gupta, who is appellant No.1 in this case. By way of the Will in question the deceased bequeathed the built up property bearing No.11/32, Subhash Nagar, New Delhi in favour of two sons but excluded his other children namely Smt. Manorama Mhajan, Ms. Santosh Kumari and Sh. Mohinder Pal Mahajan. The other two sons being the beneficiary under the Will applied for the grant of probate in respect of the estate left by the deceased father.

(2.) After notice of the petition was ordered to be served upon the appellant and other relatives whose names were mentioned in Schedule-B annexed with the petition and citations were issued to the general public, one of the daughters of the deceased, namely, Smt. Manorama Mahajan gave no objection while the other two children, namely, Mahinder Pal Gupta and Ms. Santosh Kumari who are the appellants in this Court filed objections to the grant of probate of the Will and raised various objections. This appeal was dismissed in limine by a predecessor of this Court vide order dated 02.02.1996. However, after the appellant approached the Supreme Court, the matter was remanded back to this Court vide order dated 02.09.1996 passed in Civil Appeal No.11467/1996 titled as Mahinder Pal Gupta & Anr. Vs. Narender Pal Mahajan & Ors. with a direction to hear the matter afresh and to decide the appeal on merits.

(3.) In view of the aforesaid directions of the Supreme Court, the matter has been re-heard on merits. According to the appellants, the Will dated 14.11.1985 is a forged and fabricated document. It does not bear the signatures of their deceased father, Sh. Raghubir Dass Mahajan. It is further stated that the deceased was not having sound and disposing condition either on 14.11.1985 or on 27.12.1985 i.e. on the date when the Will is alleged to have been executed and the date when the Will was registered. It is also pleaded that the deceased had lost one eye in his young age and his other eye was also defective due to chronic ulcer. It was stated that it was impossible for the testator to have executed the Will in question and presented the same for registration before the Sub-registrar. It was alleged that the Will was a result of criminal conspiracy between the petitioners and the attesting witnesses who are closely related to each other and, therefore, it was prayed that the probate petition be dismissed.