GULSHAN KUMAR ANAND Vs. STATE

JUDGEMENT

(1.) This is a petition for grant of Letter of Administration with the Will annexed to it, in respect of the estate of late Shri Boota Mal Anand, father of the petitioner, who died on 30.5.1979. It is alleged in the petition that late Shri Boota Mal Anand had executed a Will dated 28.7.1978 and the petitioner is the sole beneficiary under the aforesaid Will. The Testator Shri Boota Mal was survived by 06 legal heirs including the Objector Shri Pishori Lal. The objections to the petition have been filed only by Shri Pishori Lal, other son of the Testator. He has denied the Will set up by the petitioner and has further stated that the alleged Will must have been obtained under undue influence and pressure and it is contrary to the earlier expressed desire of the Testator. It is also alleged that at the time of alleged Will late Shri Boota Mal was seriously ill and was not of a sound disposing mind. It is also claimed that signature does not appear to be that of Shri Boota Mal.

(2.) It is also alleged by the Objector that Shri Boota Mal had no authority under the Will of his wife late Smt. Lakshmi Devi, who was the owner of the house subject matter of the Will set up by the petitioner and who had divided the same in equal shares between the petitioner and the Objector. It is claimed that Shri Boota Mal had only a life estate in this property.

(3.) The following issues were framed on the pleadings of the parties: