BHUPINDER SINGH Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Sec. 276 of the Indian Succession Act, 1925 seeking grant of probate of the Will dtd. 27/9/2012 executed by late Ms. Kanval Dhillon.

(2.) On 5/6/2015, the three Petitioners, Mr. Bhupinder Singh, Mr. Jaywant Singh and Mrs. Renu Dhindsa filed the present petition stating that Ms Kanval Dhillon (hereinafter referred to as 'the testatrix'), who was unmarried, issueless and permanently residing in Delhi, had passed away on 3/5/2015. It was averred that they were executors of a Will dtd. 27/9/2012 executed by the testatrix and attested by her friends, Ms. Seema Bansal and Ms. Geetanjali J. Singh. They arrayed two private respondents in this petition, Mrs. Kiran Patki (Respondent No.2) and Ms. Komal Dhillon (Respondent No. 3), sisters of the testatrix.

(3.) It is the petitioners' case that after the testatrix passed away on 3/5/2015, they informed Respondents Nos. 2 and 3 about the existence of her Will. The petitioners told them that the testatrix had informed them of her Will dtd. 27/9/2012 (hereinafter referred to as 'the subject Will') being kept in a locker in her room in her residence at W-146, Greater Kailash-I, New Delhi. With the permission of these respondents and in their presence, the locker containing the Will was opened and the subject Will was recovered. This Will was found to have some overwriting and cuttings in it. It was read out and explained to Respondent Nos. 2 and 3. They asked for photocopies of the subject Will, which were made by the driver of Respondent No. 3 at a nearby market. Copies of the Will were then given to the contesting respondents. Since the subject Will stated to be executed by the testatrix contains overwriting, photographs of the same are being reproduced hereinbelow:-