LAWS(DLH)-2011-3-328

SHEIKH ANIS AHMAD Vs. STATE

Decided On March 16, 2011
Sheikh Anis Ahmad Appellant
V/S
State & Others Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the appellant who sought letters of administration regarding Will dated 20.11.1984 allegedly executed by Mst. Nawab Begum, the deceased testatrix. The third respondent on the other hand contested the said probate petition. While describing the will relied upon by the appellant as forged and fabricated, she also set up another Will dated 05.06.1992 alleged to have been executed by Mst. Nawab Begum, the deceased testatrix in her favor bequeathing whole of her property which is a registered document and had been also attested by two witnesses.

(2.) ON the pleadings of the parties, learned ADJ framed the following issues: -

(3.) ASSAILING the aforesaid Judgment the appellant has submitted that Mst. Nawab Begum, the deceased testatrix was the step grandmother of the appellant who had executed the Will dated 20.11.1984 in his favour in respect of her property bearing No.4094 -4095 and 4096, Urdu Bazar, Jama Masjid, Delhi. It is submitted that Will dated 05.06.1992 (Ex.OW2/1) set up by respondent No.3 is a forged and fabricated document. The said will has also not been proved to have been executed by the deceased testator nor attestation thereof has been proved. Thus the said will is neither valid nor legal.