L C LAI Vs. STATE

JUDGEMENT

(1.) This petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act" only) for Probate has been filed by the petitioners, as the Executors, in respect of the Will dated 30.9.1992 of Late Shri K.R.Kalia. The objector Shri Deepak Kalia is the only son of the deceased. The wife and unmarried daughter of the deceased testator had pro -deceased him.

(2.) In the petition for grant of Probate, the petitioners submitted that the deceased had left behind two immovable properties, C-667, New Friends Colony, New Delhi-110065 and B-6, Sector-5, Chandigarh, particulars of which were given in Schedule-A. The liabilities of the deceased were mentioned in Schedule-B and the movable properties in Schedule-C. The deceased testator, an Advocate, was a resident of Delhi and had died at Delhi on 14.11.1992.

(3.) The objector who is the only son of the deceased, filed objections to the grant of Probate pleading that the will propounded by the petitioners was a fabricated document as his father Late Shri K.R.Kalia was suffering from "Senile Dementia" and was not in a sound disposing mind at the time of making of the alleged will. He pleaded that this petition had been filed in collusion with one Shri S.K.Gupta, who was trying to validate his false claim in regard to the property bearing No.C-667, New Friends Colony, New Delhi and had filed Suit No.4604/92 also, which was pending before this Court. It was pleaded that the petitioner Sh.S.K.Gupta and Late Gulshan Rai had conspired to induce his father to disinherit the objector. It was also added that Late Mrs.Vimla Kalia, wife of Late Shri K.R.Kalia was the owner of property bearing No.B-6, Sector-5, Chandigarh and property bearing No.C-667, New Friends Colony, New Delhi was owned by Late Jyoti Kalia, daughter of the deceased on whose death, her mother had succeeded-to the said property. It was stated that Late Shri K.R.Kalia could not have bequethed the said properties through any will. Petitioner No.2 Dr.Defender Sabharwal, who was a beneficiary under the alleged will dated 30.9.1992, was stated to have induced Late Shri K.R.Kalia to execute this will when he was not in a sound disposing mind and was admitted in the hospital of Dr.Devender Sabharwal.