SURENDER KUMAR Vs. STATE

JUDGEMENT

(1.) Probate case No.5/1989 has been instituted by Surender Kumar son of Shri Tehl Ram Tuteja (since deceased) seeking probate in respect of Will dated 29.01.1988. Probate Case No.44/1990 has been filed by Smt. Sudesh Kumari Mehdiratta daughter of deceased Tehl Ram seeking probate of Will dated 30.5.1985. Both these Wills are purported to have been executed by Tehl Ram Tuteja during his lifetime. Both the cases were consolidated vide order dated 29.01.1991 passed in Probate Case No.5/1989 with further directions that proceedings would be recorded in Probate Case No.5/1989.

(2.) In brief, the facts are that deceased Lala Tehl Ram Tuteja was the joint owner of house No.A-294, Derawal Nagar, Azadpur, Delhi with Surender Kumar (Petitioner) having equal share in the same. He expired on 8.03.1988 leaving behind three daughters, namely, Smt. Sita Rani, Smt. Raj Kumari and Smt. Sudesh Kumari. Sita Rani was married to one Thakkar Das, Raj Kumari was married to Jaman Lal Khurana and Smt. Sudesh Kumari was married to Gobind Lal Mendiratta. Sita Rani was the eldest daughter. She gave birth to two sons, one of them being Petitioner Surender Kumar. Since Tehl Ram had no son, Surender Kumar was adopted by him. Surender Kumar had been living with Tehl Ram since his childhood. He served Tehl Ram as his son and performed last rites of Tehl Ram and his wife as a son. As per Annexure 'A' of the petition, Tehl Ram left behind following moveable and immoveable properties:-

(3.) Tehl Ram also left behind debts consisting of house tax payable to Delhi Municipal Corporation of half share of the immoveable property, funeral expenses of Rs.29,000/- incurred by the Petitioner on his death. In all he left debt of Rs.36,000/- as per Annexure 'B' attached to the plaint.