SOM PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellants have preferred the present appeals under Sec. 299 of the Indian Succession Act, 1925 against order/judgment dtd. 20/12/2017 passed by the learned District and Sessions Judge (HQs), Tis Hazari Courts, Delhi in Misc. DJ No. 61012/2016 titled as Jai Ram v. Som Prakash and Anr, revoking the Letters of Administration granted in favour of the appellant/Som Prakash vide judgment dtd. 1/9/1999 in respect of a Will dtd. 1/1/1991.

(2.) The facts, as emerge from the record, are as following. Appellant (Som Prakash) is nephew of one late Smt. Satwanti Devi, who statedly passed away issueless on 30/12/1996. Satwanti Devi was married to Late Govind Lal Verma, who pre-deceased her.

(3.) Som Prakash propounded a Will dtd. 1/1/1991, purportedly executed by Satwanti Devi, bequeathing property bearing No. 11223, single storeyed situated in Bagh Rao Ji, Khasra No. 157/48-51/2, Block A/68 Double Phatak Road, Delhi in his favour (hereinafter, referred to as 'said property'). Som Prakash was the sole beneficiary under this Will. This Will was registered in the office of Sub-Registrar, Asif Ali Road. Seeking probate of Will dtd. 1/1/1991, Som Prakash filed a probate petition under Sec. 262 of the Indian Succession Act, 1925, which was registered as Probate Case No. 382/1997 and titled as Som Prakash v. State (hereinafter, referred to as "Som Prakash's Probate Petition"). In this petition, only the State was impleaded on the plea that Satwanti Devi had died issueless and left behind no legal heirs.