RATAN MANI Vs. STATE

JUDGEMENT

(1.) The Appellant by this appeal assails the order passed by learned Additional District Judge in a probate case bearing No. 114/1994 whereby the learned ADJ allowed the said petition instituted by Smt. Krishna Batra, mother of the deceased testator, Sh. Vijay Kumar Batra for the grant of letters of administration of Will dated 15.04.1984 alleged to have been executed by her deceased son whereby he bequeathed his entire moveable and immoveable estate in favour of his mother, propounder of the Will.

(2.) There is no dispute that the testator Sh. Vijay Kumar Batra died in Delhi on 25.06.1984. On the date of his death, he was survived by his parents, 3 brothers and 2 married sisters besides his widow, Smt. Rajni Batra @ Ratan Mani. Nobody contested the probate petition except the widow of the testator, namely, Smt. Rajni Batra @ Ratan Mani, the Appellant in this case. During the pendency of the probate petition Smt. Krishna Batra, the propounder of the Will expired but before that, she also executed a Will dated 30.11.1985 bequeathing the estate of Late Sh. Vijay Kumar Batra which devolved upon her on the basis of Will dated 15.04.1984 of Late Sh. Vijay Kumar Batra in favour of her 3 sons, namely, Sh. Satish Batra, Sh. D.K. Batra and Sh. H.K. Batra, who are now Respondents No. 2(1) to 2(3) representing the estate of Late Smt. Krishna Batra, the propounder in the probate petition.

(3.) In her objections to the grant of letters of administration, the Appellant had questioned the factum of the validity of the Will dated 15.04.1984 and also alleged that the said Will was forged by her motherinlaw Smt. Krishna Batra in collusion with her husband so as to deprive her of her right in the estate of the deceased Sh. Vijay Kumar Batra. It was also her case that Smt. Krishna Batra had not disclosed all the estates left by the deceased testator. Accordingly, she prayed for dismissal of the probate petition.