VIMLA DEVI Vs. STATE

JUDGEMENT

(1.) In the present proceedings, the Petitioner seeks a probate of the Will of Late Shri Chander Bhan who died on 26.9.1991. The probate is in respect of two immovable properties i.e. 4315, Gali No. 5, Tri Nagar, Delhi and also 4216, Gali No. 5, Tri Nagar, Delhi.

(2.) The pleadings emerging from the case are that the Late Chander Bhan executed a Will on 21.1.1991 (Ex.PW-1/1) in terms of which he bequeathed the said first property to the first Petitioner and the second property to the second Petitioner. The first Petitioner is the testator's daughter in law, (being the widow of his eldest pre-deceased son); the second Petitioner is the testator's grandson being the son of the first Petitioner. The Will is a registered one. The Petitioners contend that the testator was in sound disposing mind and voluntarily bequeathed the properties by duly executing the Will on the date claimed by them in the presence of two attesting witnesses i.e. Mr. L.N. Babbar and Mr. Subhash Chander.

(3.) The testator had five sons and two daughters. The probate petition is contested by testator's surviving three sons and the legal representatives of the fourth pre-deceased son. His daughters, however, are not contesting the proceedings. The objectors contend that the probate cannot be granted as the Will was forged and that the testator had executed a subsequent Will on 25.8.1991. The testator died on 26.9.1991.