B S OBEROI Vs. P S OBEROI

JUDGEMENT

(1.) The present suit pertains to the estate of late Mr. Bakshi Shiv Charan Singh, Advocate who died on 14.1.1993. He left a Will dated 09.01.1974 which was witnessed by Justice Prakash Narain, a sitting Judge of the Delhi High Court at the relevant time and Justice M.S. Joshi, who, at that time was the Registrar General of Delhi High Court and became a Judge thereafter.

(2.) The probate proceedings of the Will were instituted in 1996 by which time Justice Prakash Narain had passed away, however, the other witness Justice M.S. Joshi was examined as a witness in the probate proceedings. Justice Joshi, in his examination, testified that the Will was witnessed by him and Justice Prakash Narain and the testator, Mr. Bakshi Shiv Charan Singh had signed on the Will in the presence of both of them.

(3.) In the said Will dated 09.01.1974, Mr. Bakshi Shiv Charan Singh bequeathed his property Nos.22 and 23, Friends Colony (West) and property No.7A Ring Road in favour of his elder son, Colonel Ravi Inder Singh.