RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Sections 276 and of the Indian Succession Act, 1925 seeking grant of probate of the entire estate of Late Shri Chander Pal (hereinafter referred to as the deceased).

(2.) AS per the averments made in the petition, the deceased died on 13.01.2006 at his fixed place of abode at House No.G-13, Arjun Nagar, Delhi-110051. A copy of the identity card issued by the Election Commission of India on 28.02.1995 whereby the said address of the deceased is mentioned. Copy of the death certificate of the deceased,. During his lifetime the deceased had made a Will dated 28.04.2005 of his moveable and immoveable assets, which was his last Will and testament, and the same was registered in accordance with law.

(3.) THE respondent Nos.2 to 4 filed their objections to the present petition stating that the Will dated 28.04.2005 is a forged and fabricated document, however, it appears from the order sheets that they failed to lead any evidence in support of their defense. Vide order dated 02.04.2008 this Court passed a status quo order in respect of the property being House No.G-13, Arjun Nagar, Delhi. But, the respondent Nos.2 to 4 created third party interest in the said property. Thus the petitioner filed CS (OS) No.515 of 2010 seeking cancellation of the said transaction. Further, contempt proceedings were also initiated against the respondent Nos.2 to 4, which are also pending this Court and the respondent Nos.2 to 4 have been served through publication.