SURINDER PAL KAUR Vs. STATE OF DELHI

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of the learned Single Judge of 14.12.2009 in Testamentary Case 48/2005 rejecting the probate application preferred by the present appellant.

(2.) THE facts in brief are that Baba Chakravarti Darvesh (hereinafter referred to as 'the testator') died on 05.09.2003. The appellant propounded a Will said to have been executed by the testator on 07.06.2003. It was inter alia contended that in terms of the Will the appellant, who is the testator's sister -in -law (brother's wife) was the sole legatee entitled to his possessions. Besides bequeathing the "Gaddi" i.e. the control of the religious denomination of the sect of which the testator was a spiritual leader/Guru, the Will also conferred rights in respect of a property being property No. E -255, Greater Kailash -II, New Delhi constructed on a 250 sq. yards' plot (hereinafter referred to as 'the property'). The appellant applied for probate, claiming to be the sole legatee, in Test. Case.48/2005.

(3.) THE probate petitioner relied upon the testimonies of two attesting witnesses Ms.Dalbir Kaur, PW1 and Mr. Kamaljeet Singh besides the testimony of Mr. Gurdev Singh PW4 who claimed to have taken down the Will at the instance of the testator was also relied upon. The testimonies of both the witnesses who have been said to have attested the Will were that the testator, who was sight impaired, dictated his wishes to PW4 Mr. Gurdev Singh who then read over the written document to him and that both of them signed on it in the presence of each other. The attesting witnesses further testified that the Will was prepared at 147, Shivalik Enclave, Landram Road, Kharar, District Ropar where the deceased/testator lived.