AMARJEET SINGH Vs. STATE

JUDGEMENT

(1.) BY this common judgment, it is proposed to decide Test Case No.91/2008 and Test Case No.63/2010 which were consolidated to be heard together by order dated December 21, 2010. The consolidation was ordered on account of the fact that both the aforesaid cases relate to the last will and testament of late Smt. Harbans Kaur.

(2.) IN Test Case No.91/2008 the petitioner Shri Amarjeet Singh, one of the sons of the deceased late Smt. Harbans Kaur, sought to propound the will dated 27th April, 2007 allegedly executed by his deceased mother during her lifetime. It is the case of the petitioner Shri Amarjeet Singh that late Smt. Harbans Kaur bequeathed her entire property bearing No.F -3, Gautam Nagar, New Delhi, measuring about 130 sq. meters, allotted to her by Delhi Development Authority in favour of the petitioner, and accordingly after her death the petitioner is the sole beneficiary of the said property in accordance with her aforesaid will. It is stated that the said will was executed by the deceased in sound health and without any pressure and the same was duly attested by two witnesses. It is also asserted that the said will is the final will and testament of the deceased. The deceased had left behind as her legal heirs five sons, two married daughters and the widow and daughter of a pre -deceased son.

(3.) ORAL evidence was recorded in Test Case No.63/2010. Exhibits and documents were also marked in the same case as directed by the Court.