RAMESH KUMAR Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) The absence of direct legal descendants of late Smt. Sham Devi Kapoor has resulted in contentious litigation between the heirs of her husband on one side and the beneficiary of her alleged will on the other side.

(2.) The present appeal arises from the impugned order dated 4/4/1979 of the learned Single Judge dismissing the Probate Petition No.13/1972 filed by Shri Ramesh Kumar Anand, the appellant in respect of the will of late Smt. Sham Devi Kapoor, alleged to have been executed on 26/2/1972 and registered with the Sub-Registrar, Delhi on 28/3/1972. The petition was contested by the legal heirs of Shri J.R. Kapoor, husband of late Smt. Sham Devi Kapoor, who would be the beneficiary of the estate of Smt. Sham Devi Kapoor in the absence of any Will. Shri J.R. Kapoor married twice. The first wife of Mr. J.R. Kapoor was Smt. Puran Devi and the second wife was Smt. Sham Devi. Shri J.R. Kapoor and Smt. Sham Devi had no issue. From his first wife Smt. Puran Devi. Shri J.R. Kapoor had three children - one son and two daughters. The son Shri Chaman Lal also passed away sometime in 1960 prior to the demise of Shri J.R. Kapoor, who died in 1962. Smt. Sham Devi passed away on 29/4/1972. From the first marriage, apart from the son Shri Chaman Lal, there were two daughters namely Smt. Kaushalya Devi and Smt. Prakash Wati. The said two daughters are respondents 1 and 2 in the present appeal and Smt. Chand Rani, wife of late Shri Chaman Lal, son, is the 3rd respondent. The State is the fourth respondent.

(3.) In terms of the will dated 26/2/1972 the appellant has been appointed as the Sole Executor. The appellant is also the sole beneficiary of the estate of late Smt. Sham Devi Kapoor. It is stated in the will that Smt. Sham Devi has been residing separately in a house at Shakurbasti, Delhi and that her step children had not been taking any interest in looking after her. It is also stated in the will that the appellant was treated like a son both by Smt. Sham Devi and her husband J.R. Kapoor though there had not been any formal adoption. It is further stated that the appellant had been residing with her since childhood and supporting her financially and due to natural love and affection she was desirous that her estate consisting of both moveable property and the immovable property No.118 (Old) with New plot No.8-13, Rani Bagh, Shakurbasti, Delhi should devolve on the appellant.