CHAMNO DEVI Vs. USHA

JUDGEMENT

(1.) This appeal has been filed by the Appellant against the impugned judgment dated 4.11.2008 passed by the Additional District Judge, Tis Hazari in Probate Case No. 236/06/04 granting probate of the Will Ex.PW1/2 in favour of Smt. Usha, Respondent No. 1 subject to her complying with other formalities. The grant of probate was further made subject to the following:

(2.) Briefly stating the facts giving rise to filing of this case are that deceased Sh. Mahabir, father of Respondent No. 1/Usha, had executed a registered Will on 22.05.2003 in respect of his allegedly self acquired property i.e. agricultural land situated in village Tehri, Daulatpur, Delhi and one residential house measuring 272 sq. yards situated in old Lal Dora of 1908-09 of village Hiranki, Delhi in favour of Respondent No. 1 who was looking after and taking care of him. Soon after the death of her father, Respondent No. 1 filed a probate petition before the Additional District Judge, Tis Hazari on 12.07.2004.

(3.) The deceased was survived by this wife and son, who contested the proceedings and filed joint objections. According to them, Will in question had been obtained and procured fraudulently by Respondent No. 1 in collusion with the witnesses as the deceased had no desire to give away his properties to Respondent No. 1. It is also stated that Respondent No. 1 neither resided in the village with the deceased nor looked after him at any time. The right of the deceased to bequeath the property through Will was also challenged on the ground that those were ancestral properties and not his self acquired properties.