RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the order passed by the Addl. District Judge whereby the Addl. District Judge has allowed a petition filed by the respondent under Section 276 of the Indian Succession Act seeking probate of the Will dated 22.08.1994 by the respondent and has granted letters of administration in respect thereof in respect of the respondent. The Will in question has been executed by one late Smt. Neerta (hereinafter referred to as the deceased).

(2.) According to the respondent the deceased wife of late Shri Kanchi Lal had a permanent residence at House No.52, Sawan park Extension, Ashok Vihar, New Delhi. She died on 01.06.1998 in Delhi. She left behind her last and final Will dated 22.08.1994 executed in presence of Smt. Om Wati and Shri D.P. Singh, Advocate whereby the respondent was made the sole beneficiary/ legatee of the said Will. The Will was duly registered in the office of the Sub Registrar Delhi on 22.08.1994. The appellants who were also the legal heirs of deceased Neerta Devi raised objections to the execution of the aforesaid Will and in fact went to the extent of saying that the Will in question was forged and fabricated. It was also their case that the deceased could not have executed the Will in question in favour of the respondent because the respondent had involved her in various litigations. It was also stated that the deceased executed her final Will dated 22.08.1994 in favour of the appellants/objectors who are her real son.

(3.) The Addl. District Judge framed the following issues: