PESHORI LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) These are two probate petitions. One probate petition has been filed on the basis of will dated 11/12/1968 executed by petitioners mother Smt.Lakhmi Devi, who admittedly was the absolute owner of the property bequeathed by her. Another probate has been filed on the basis of Mill executed by their father on 28/11/1978 on the assumption that after the death of Smt.Lakhmi Devi, he had become the absolute owner by virtue of para 5 of the will.

(2.) Admittedly, Gulshan Kumar, petitioner in probate No.58/79 did not challenge the execution of the Will by Smt.Lakhmi Devi. Rather he accepted the same having been validly and legally executed by Smt.Lakhmi Devi. The relevant paras of the Will executed by Smt.Lakhmi Devi are as under:

(3.) It is pertinent to mention that in spite of the fact that Gulshan Kumar accepted the validity and legality of the will., this court insisted the petitioner to prove the will in accordance with the provisions of law and rightly so as the other brothers and sisters of the petitioner were excluded from the property owned by Smt.Lakhmi Devi.