USHA DEWANI Vs. PARAS RAM T DEWANI

JUDGEMENT

(1.) This appeal arises out of an order dated 06.05.2004 passed by Ld. ADJ in probate case granting probate of the Will dated 20.04.1975 alleged to have been executed by deceased Man Mohan Dewani s/o Sh. Tirath Dass Dewan in favour of the respondent, Sh.Paras Ram Tirath Dewani.

(2.) The appellants are Ms.Usha Dewani widow of Sh.Man Mohan Dewani and his daughter Ms.Shirein.

(3.) The brief facts leading to filing of present appeal are that the testator lived in United States of America with his wife. A daughter was also born to them. He expired on 19.06.1976. The respondent who is the brother of the deceased testator claimed that a Will was executed by the testator on 20.04.1975 appointing the respondent as the sole executor of the Will. A perusal of the Will shows that the testator was the absolute owner of property bearing No. 86-87, Model Basti, Delhi and was also running Filmistan Photo Studio in a portion of the sold property as proprietor thereof. As per the will, the testator bequeathed the abovementioned property and the business to the respondent while his 1/5th undivided share in house no. III-G/26, Lajpat Nagar, New Delhi was bequeathed in favour of his wife on the condition that she'll receive this share if she came to India and settles in India otherwise her share had to go to the two brothers of the testator, namely, Shri Hassa Ram and Shri Gobind Ram.