YOGESH DUGGAL Vs. STATE

JUDGEMENT

(1.) This appeal arises out of an order dated 28.05.2005 passed by the learned Additional District Judge dismissing the probate petition filed by the appellants on the ground that the appellants had miserably failed to prove the due execution, attestation and registration of the Will in question . Also, they had not explained why the Will was registered after seven years of its alleged execution and further failed to explain the delay of more than nine years in filing the probate petition after the death of the testatrix . The appellants thus being aggrieved by the order has impugned it before us by way of the present appeal.

(2.) Briefly stating the facts of the case are; the appellants filed a petition under Section 276 of Indian Succession Act, 1925 in November, 1994 for grant of probate of a Will dated 12.08.1971 of their mother Late Smt. Puran Devi who expired on 20.02.1984. Her husband predeceased her. She was survived by five sons and three daughters. The property bequeathed under the Will in question comprises of a house bearing No. 6-A/46, WEA, Karol Bagh, New Delhi. The said house is a 2 storey built house.

(3.) The testatrix vide her Will dated 12.08.1971 had bequeathed the ground floor in favour of her son Mr. Om Prakash Duggal, appellant No.1 who has died and is now being represented by his legal heirs while the first floor including Barsati Floor had been bequeathed in favour of her other son appellant No.2, Mr. Vijay Prakash Duggal. The testatrix had not given any share to her other children. The Will in question was got registered by the testatrix in the office of Sub-Registrar, Asaf Ali Road New Delhi during her lifetime on 21.02.1978 vide document No. 269, Book No. 3, Volume No. III on pages 121-122. All the other children of the deceased testatrix except the legal heirs of her predeceased son Ved Prakash Duggal had filed their no objections to the grant of probate in respect of Will dated 12.08.1971 in favour of the appellants.