RAJIV BAHL Vs. STATE

JUDGEMENT

(1.) The present appeal arises out of a judgment dated 13.05.2007 delivered by the Additional District Judge, Delhi in Probate Case No. 65/2006, whereby the probate has been granted in favour of the Respondent of the Will dated 12.08.1986 (Ex.P-1) and the Codicil dated 03.07.1991 (Ex.P-2). By the impugned order the Additional District Judge has disbelieved the Codicil dated 03.07.1991 (Ex.OW1/4) of the Will relied upon by the Appellants holding that the said Codicil was not a genuine Codicil as propounded by the Appellants.

(2.) Appellants are claiming succession of the property left by Smt. Ram Piari on the basis of the Will (Ex.P-1) and the Codicil to the said Will dated 03.07.1991 (Ex.OW1/4), whereas the Respondents are relying upon the Will dated 12.08.1996 and Codicil dated 03.07.1991 (Ex.P-2).

(3.) Smt. Ram Piari, the Executrix, died on 6th October, 1994. She had three sons, namely, S/Shri Rajneesh Bahl, Ashok Bahl and Dinesh Bahl. Shri Dinesh Bahl pre-deceased Smt. Ram Piari and the Appellants herein are the legal heirs of Shri Dinesh Bahl. They are residing abroad. Shri Rajneesh Bahl died during the pendency of the proceedings before the trial court.