NIRMALA HANDA Vs. KRISHNA KAURA

JUDGEMENT

(1.) Respondent no. 1(i) and (ii) are sons of deceased respondent no. 1 and Late Shri J.L. Kaura (testator); whereas appellant is daughter of Late Shri J.L. Kaura from his first marriage. Respondent no. 1 Smt. Krishna Kaura propounded a Will dated 13th December, 1994 (Ex. PW2/1) of Late Shri J.L. Kaura before the trial court and prayed for grant of probate of the said Will. Appellant challenged the Will by filing objections and opposed the grant of probate. During the pendency of probate petition, Smt. Krishna Kaura died and respondent nos. 1(i) and (ii) were impleaded as her legal heirs and continued to prosecute the petition. After trial, trial court has granted probate in favour of respondent nos. 1(i) and (ii) in respect of the estate of testator, in the manner as detailed in the Will dated 13th December, 1994.

(2.) Aggrieved by the grant of probate to respondents, appellant has preferred this appeal.

(3.) One of the attesting witnesses to the Will, namely, Shri C.D. Khurana was examined by the respondents as PW2. He deposed that testator was his friend. Another witness to the Will Colonel C. Anand was also their friend as all of them had worked together in the Indian Army, inasmuch as, had settled in Defence Colony after their respective retirements. Testator requested him and Colonel C. Anand to accompany him to the office of SubRegistrar in connection with execution, attesting and registration of his Will.