SADA NAND CHOUDHARY Vs. WANTI DEVI

JUDGEMENT

(1.) Present is an appeal under Section 299 of the Indian Succession Act, 1925 (hereinafter referred to as the Act?) against the impugned judgment dated 04.01.2010 passed by the learned Addl. District Judge, Delhi whereby the petition of respondent no. 1 herein i.e. Wanti Devi for grant of probate has been allowed.

(2.) The appellant and the respondents herein are real brothers and sisters being the sons and daughters of late Sh. Asa Nand Choudhary. The respondent no. 1 herein i.e. petitioner before the learned trial court had filed a petition under Section 276 of the Act seeking probate of the will dated 19.07.1991 allegedly executed by her father late Sh. Asa Nand Choudhary i.e. testator whereby he had bequeathed property No. H-34 A in her favour. In the said petition, she had averred that her father i.e. late Sh. Asa Nand Choudhary had executed the aforesaid will in sound disposing mind, out of his own free will in the presence of two independent witnesses and it was his last will. The appellant as well as respondents 2 to 6 had filed objections opposing the grant of probate on the ground that said Sh. Asa Nand Choudhary never executed any such will and if any such will was there, the same was false, manipulated and fabricated one. It was further alleged that no property was bequeathed in the alleged will dated 19.07.1991 by the testator in favour of his wife as such will in question was not believable.

(3.) On the pleadings of the parties, the following issues were framed:-