SWAMI DR. KISHORE DASS JI Vs. STATE

JUDGEMENT

(1.) This petition seeking probate has been filed by the executor of the Will namely Swami Dr. Kishore Das Ji. Probate has been sought with respect to the Will dated 8.10.1993 of late Swami Amar Muni Ji. Swami Amar Muni Ji had two immovable properties. One being D-120/121 Lajpat Nagar, New Delhi and another being a plot of land admeasuring 1 bigha, 13 biswas and 13 1/2 biswansi at Patta Khasra No. 4/23, Situated at Village Phupatwala Kalan, Jawalapur, Haridwar now Uttrakhand, and which was originally in the State of UP. Late Swami Amar Muni Ji also had certain movable assets as stated in schedule A to the petition.

(2.) On 26.4.1994, notices were issued and citation was ordered to be published. Objections have been filed by one Swami Gurudev Muni, objector no.2 and who is the petitioner in probate petition no. 9/2000. Another set of objections were filed by one Sh. O.P.Gupta qua the Lajpat Nagar property, however, Sh. O.P.Gupta has led no evidence in support of his objections. In fact, counsel for the parties state that Sh. O.P.Gupta expired during the pendency of this petition and his legal heirs were not brought on record. The objection petition filed by Sh. O.P.Gupta is therefore dismissed as abated.

(3.) Swami Amar Muni Ji was the Parmadhyaksh of Swami Ram Tirath Mission. He died at New Delhi on 28.12.1993. As already stated, the petitioner states that Sh. Amar Muni Ji, before his death executed a Will dated 8.10.1993, which is said to be the last Will and testament of late Sh. Amar Muni Ji. By the Will, Sh. Amar Muni Ji bequeathed his properties in favour of the petitioner who is a Parmadhyaksh of Swami Ram Tirath Mission.