VIJENDER SINGH Vs. STATE

JUDGEMENT

(1.) The present First Appeal assails the order dtd. 26/4/2018 passed in the probate case titled 'Vijender Singh @ Bijender Singh v. State and Ors.' bearing No. 5972/2016 passed by learned Additional District Judge, Saket Court, New Delhi (hereinafter referred to as 'Trial Court') whereby the learned Trial Court dismissed the probate petition of the appellant. It is pertinent to note relevant facts of the present case which are as follows:-

(2.) The appellant had filed a petition under Sec. 276 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') for grant of probate in respect of the Will dtd. 4/4/2007 executed by the mother of the appellant, Smt. Lado, with respect to two properties bearing House No. 20, Village Khizrabad, New Delhi ' 110065 measuring 550 sq. yards and House No. 5-B, Village Khizrabad, New Delhi-110 065 measuring 1000 sq. yds., wherein the mother of the petitioner had appointed the appellant as the sole executor of the above mentioned Will.

(3.) The respondent no. 3 was the only contesting respondent before the learned Trial Court who after service of the notice issued in the probate petition had filed his objections. The respondent no. 3 has challenged the Will claiming himself to be the owner and in possession of the property No. 5-B, Village Khizrabad, New Delhi-110065 having purchased the property some time before 1979 and co-owner of the property bearing No. 20, Village Khizrabad, New Delhi ' 110065 as the same is an ancestral property and not self-acquired property of Smt. Lado.