SANJAY KALRA Vs. STATE

JUDGEMENT

(1.) The instant application has been filed by the Applicant seeking issuance of directions to Petitioner/PW1, PW2, LR No. 1 and LR No.4 to discover and produce copies of all Income Tax Returns with Balance Sheets filed in the income Tax Department of Late Mr. Davinder Kumar Jain for the period 1/4/2003 to 18/3/2014.

(2.) The probate petition has been filed under Sec. 276 of the Indian Succession Act, 1925 with regard to the Will dtd. 11/12/2004 executed by late Mr. Davinder Kumar Jain, son of late Mr. Satpal Jain, resident of D-19, Nizamuddin (East), New Delhi-110013. The Applicant is daughter and Legal Heir No. 5 of the deceased testator and has filed her objections to the petition on the ground that the purported Will is false, bogus and forged, and it has been fabricated to vest the entire estate in favour of Mrs. Usha Jain, wife of the deceased and to oust all other legal heirs of the deceased.

(3.) Mr. Harish Malhotra, Sr. Advocate, appearing for the Applicant submitted that the deceased testator owned several shares in his own name in various companies as furnished in paragraph 4 of the instant Application. Mrs. Usha Jain, L.R. No.1 has illegally and without the permission of this Court and consent of L.R. No.5/Applicant has got the aforesaid shares transferred in her favour. The said transmission is bad in law and as such liable to be set aside. Unfortunately, Mr. Sanjay Kalra, Petitioner/Executor has taken no action in preserving the aforesaid shares of late Mr. D.K. Jain. It is respectfully submitted that after the death of Mr. D.K. Jain on 18/3/2014 the right, title and interest in all the said shares stood inherited immediately in favour of all the aforesaid five legal heirs of late Mr. D.K. Jain.