RAI SINGH Vs. STATE

JUDGEMENT

(1.) The challenge by means of this First Appeal under Sections 299 and 384 of the Indian Succession Act, 1925 is to the impugned judgment of the Court below dated 10.11.2003, and by which judgment the Court below allowed the probate petition of the petitioner/respondent No. 2 with respect to the Will of Smt. Dhapo Devi dated 8.1.1985.

(2.) The facts of the case are that the respondent No. 2/Smt. Shakuntla Devi filed a petition for probate of the Will dated 8.1.1985 of the deceased Smt. Dhapo Devi. Respondent No. 2/Smt. Shakuntla Devi was the grand-daughter of the deceased. Except the appellant herein all other legal heirs of Smt. Dhapo Devi, including her sons, gave their no objections to the probate petition. In fact, two of the sons of Smt. Dhapo Devi, namely, Sh. Narain Singh and Sh. Dilbagh Singh are the attesting witnesses to the Will. The appellant herein is the father of the respondent No. 2 and who contested the petition. The appellant herein contested the probate petition and urged that the subject Will dated 8.1.1985 was a forged and fabricated document with the object of misappropriating the property of the deceased being plot No. PU-81, Pitampura, Delhi.

(3.) The respondent No. 2/probate petitioner examined Sh. Narain Singh as PW-1, who was the son of the deceased and also the attesting witness of the Will. The Will was proved and exhibited as PW1/1. The probate petitioner also examined herself as PW-2 and proved the death certificate as Ex.PW2/1. PW-3/Sh. Ashok Kumar Midha deposed about the registration of the Will. PW-5/Sh. Om Parkash examined on behalf of the probate petitioner was the Clerk from the State Bank of Patiala, Pooth Kalan branch and who brought the specimen signatures card containing the thumb impression of Smt. Dhapo Devi. The handwriting expert Sh. R.P. Singh was examined as PW-6.