SATYA PAL CHOPRA Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the order passed by the Addl. District Judge dated 18.05.2009 whereby the probate petition filed by the appellant for seeking letters of administration with Will dated 05.08.1989 annexed has been dismissed.

(2.) Briefly stating the facts of this case are; that a probate petition was filed by the appellant seeking probate of the Will dated 05.08.1989 alleged to have been executed by deceased Smt. Suhagwanti with respect to property No. 17/7, Pant Nagar, Jangpura Extension, New Delhi bequeathing that property in favour of the appellant to the exclusion of all other legal heirs of the deceased testatrix. Smt. Suhagwanti expired on 08.01.1991 leaving behind three sons, namely, Shri Satya pal Chopra the appellant, Shri Yash Pal Chopra, Shri Sushil Kumar Chopra the other two brothers of Satya Pal Chopra and two daughters, namely Smt. Usha Rani and Smt. Sunita. After the death of Smt. Sunita her legal heirs were also brought on record.

(3.) Respondent No.2 gave no objection. However, the Will was described as forged and fabricated by respondents No. 3 to 5. It was also the assertion of Sushil Kumar Chopra that Will dated 31.12.1989 was executed by the deceased in his favour. He also filed a separate probate petition subsequently on 07.08.2003 on the basis of the aforesaid Will which was contested by the appellant and Shri Yash Pal Chopra. On the pleadings, the following issues were framed by the Court: