VIJAY SETHI Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 4.4.2008 passed by the learned Additional District Judge, Delhi in a probate case bearing No.377/06/00 granting probate in favour of the respondent No.2/Vidhya Devi on the basis of the Will dated 13.5.1986.

(2.) Briefly stated the facts of the case are that respondent No.2/Vidhya Devi filed a probate petition on the basis of the Will dated 13.5.1986 purported to have been made by one Mangu Ram Pahuja claiming him to be her grandfather. It was alleged that Mangu Ram Pahuja had died on 6.6.1987. He was survived by three sons namely Ram Chander Pahuja, Trilok Chand Pahuja and Krishan Kumar Pahuja. The pedigree showing the legal heirs of late Mangu Ram Pahuja is as follows: <FRM>JUDGEMENT_1756_ILRDLH24_2014_1.html</FRM>

(3.) It was alleged that by virtue of the aforesaid Will late Mangu Ram Pahuja had bequeathed property No.F-132, Mansarover Garden, Delhi in favour of respondent No.2/Vidhya Devi as it was his self-acquired property. Appellant Nos.1 to 3, that is, Vijay Sethi, Joginder and Anju respectively being the step sister and brothers of the respondent No.2/Vidhya Devi and Krishan Kumar Pahuja being the real cousin of respondent No.2/Vidhya Devi filed their objections challenging the genuineness of the Will of late Mangu Ram Pahuja.