DEEPAK DUGGAL Vs. STATE

JUDGEMENT

(1.) The Petition under Sec. 276 of the Indian Succession Act, 1925 has been filed by the petitioner seeking grant of Probate in respect of the Will dtd. 7/12/1985 of his father, late Sh. Panna Lal Duggal.

(2.) Briefly stated, the petitioner, who is the son of deceased Sh. Panna Lal Duggal, the testator, has asserted that his father had executed a Will dtd. 7/12/1985, in which he was named as the Executor. His two sisters, who along with him were the only class-I heirs but were excluded from any benefit under the Will. Smt. Padmavati, the wife of Late Sh. Panna Lal Duggal, had predeceased him on 24/11/1984 at the age of 64 years.

(3.) It is submitted that the deceased had executed the Will dtd. 7/12/1985, in sound disposing mind and out of his own free will and volition, without any force, coercion or undue influence. The Will was duly attested by two witnesses namely, Mr. P.S. Kaicker r/o C-148, Nirman Vihar and Mr. V.C. Sarna r/o C-154, Nirman Vihar. Mr. P.S. Kaicker has since expired. The petitioner being the named executor thus sought the Probate of the Will dtd. 7/12/1985 of late Sh. Panna Lal Duggal.