MADAN MOHAN Vs. JAWAHAR LAL

JUDGEMENT

(1.) THE lis subject matter of this appeal revolves around two Wills, one dated 23-09-1973 (hereinafter referred as ,,first Will) and the other dated 17-11-1986 (hereinafter referred to as the ,,second Will) both allegedly executed by deceased Smt. Roop Rani, who was the mother of Late Sh. Ajudhia Prakash and Jawahar Lal. Both the Wills are registered. Both sides have filed separate probate petitions with respect to their respective Wills and both are opposing grant of probate to each other.

(2.) AFTER framing of issues, evidence was led by both the sides. Evidence of handwriting expert and finger print experts was also recorded. AFTER conclusion of evidence and hearing the parties, the learned ADJ observing that both the Wills were executed by Late Smt. Roop Rani and both were registered held that the Will dated 17.11.1986 being later in time and proved as a valid and genuine Will, granted probate with respect to the second Will in favour of the respondents and dismissed the probate petition filed by Late Sh. Ajudhia Prakash, now represented by the present appellant as his son/legal heir seeking probate of first Will. It is this order dated 17.11.2008 of the learned ADJ which is impugned in this appeal.

(3.) BRIEF factual matrix of the case are that Smt. Roop Rani, wife of Sh. Jugal Kishore was the owner of the 40% share in the property bearing No. 2051-2056, Ward No. 5, Kinari Bazar, Delhi. She died on 22-11-1990. At the time of her death, she left behind four sons and three daughters besides her husband. Appellant, Sh. Ajudhia Prakash, who is one of the sons of the deceased, filed probate petition bearing No 122/08/91 for grant of probate claiming to be a beneficiary under Will dated 23.09.1973. On the other hand Sh. Jugal Kishore, husband of the deceased and respondent, another son of the deceased while admitting the execution of the first will contested the petition filed by Late Sh. Ajudhia Prakash on the ground that Late Smt. Roop Rani had executed another registered will dated 17-11-1986 hence the first will cannot be given any effect.