HARINDER PAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of an order passed by the learned Additional District Judge granting probate of the Will dated 03.12.1979 alleged to have been executed by deceased Sardar Kapur Singh bequeathing his property bearing No.90/74 Malviya Nagar, New Delhi and some to his wife. Sardar Kapur Singh died on 13.12.1979 while he was admitted in G.B. Pant Hospital.

(2.) NOTICES were issued to the probate petition to all the legal heirs. A public notice was also sent. It may be observed here that except for the appellant, nobody else has filed any objection to the grant of probate. It may be mentioned here that while the appellant is the eldest son of deceased Sardar Kapoor Singh, respondents No.4 and 5 are also sons while respondent No.3 is the daughter of the deceased. Respondent No.1 is the wife, who has filed the probate petition. In fact except for the appellant no other person came forward to contest the petition or to challenge the execution of the Will in question.

(3.) AFTER recording the evidence of the parties, the learned ADJ decided issue No.1 and 2 in favour of respondent No.1 and accordingly granted letters of administration of the Will on 03.12.1979 to her. On the question of limitation the Addl. District Judge even though made a reference to the judgment quoted by the appellant delivered by this Court in the case of Prem Sagar Vs. State 2007 IV AD (Delhi) 332 and Pamela Kumar Vs. Chandrashekhar 2007 (99) DRJ 475 but found that the ratio of those judgments was not of any help to the case of the appellant. Following observations were made by the Addl. District judge in this regard: