ASHA RAM Vs. SHANTI DEVI

JUDGEMENT

(1.) APPELLANT Asha Ram is the son of deceased testator who executed a Will dated 21.10.88 which was also registered. As per the aforesaid Will estate comprising of a double storey house built on a plot area of 80 sq. yds bearing No. 16-1/690-91, Bapa Nagar, Padam Singh Road, Karol Bagh, New Delhi was bequeathed by the deceased testator in favour of Smt. Shanti Devi who was a widow of late Shri Raj to the exclusion of the appellant (his son) and five daughters besides other son. None of the daughters on the other side filed any objection with regard to their exclusion in the aforesaid Will. The execution and attestation of the Will was only challenged by the appellant, namely, Shri Asha Ram.

(2.) ACCORDING to the appellant the deceased testator at the time of execution of the Will was lying on bed for last one year prior to his death on 18.04.1989 and as such the alleged Will is a fabricated document obtained by manipulation and fraud.

(3.) ON the other hand, the appellant examined two witnesses, namely, himself as OW1 and Surender Singh as OW2 from Ram Manohar Lohia Hospital to prove that deceased testator was admitted in RML Hospital in medical ward on 05.09.1988.