NUTAN KUMAR Vs. RAJESH ARORA

JUDGEMENT

(1.) This appeal has impugned the order of the Single Judge dated 25.03.2009 wherein the probate petition filed by Rajesh Arora (hereinafter referred to as the 'petitioner') seeking probate of a Will dated 01.06.1995 (Ex. PW-4/3) executed by his late father Tilak Raj Akalgariah (hereinafter referred to as the 'testator') had been decreed.

(2.) Record shows that the testator had five children i.e. three sons and two daughters. His wife had predeceased him. The Will purported to have been executed by him had bequeathed his properties both moveable and immoveable in favour of the petitioner; his other two sons Nutan Kumar and Anil Kumar had been disinherited. This document had been signed by the testator; there is no dispute to this position. It also has the thumb impression and photograph of the testator. In the column of witnesses, two names have been mentioned namely Yashpal Singh and Advocate R.R. Bhardwaj. Both of them have also signed the said document. Signatures of Balbir Singh also appear on the right hand side of the document. The Will is a registered document. At the back page of Ex. PW-4/3 stamp of the Registrar is evident; it has certified "contents of the documents explained to the parties who understood the terms and admit them as correct". The names of the testator Tilak Raj Akalgariah and the two attesting witnesses Yashpal Singh and R.R. Bhardwaj also find mention in this document.

(3.) The appellants before this Court are the two disinherited sons namely Nutan Kumar and Anil Kumar. They are aggrieved by the finding returned by the Single Judge decreeing the probate petition in favour of their brother/Respondent No. 1.