SEEMANT DUA Vs. THE STATE OF NCT, DELHI

JUDGEMENT

(1.) This testamentary case is filed by the petitioner seeking probate of the Will dated 15.9.2001 executed by the deceased Dr. Ram Parkash Dua. Petitioner is the nephew of late Dr. Ram Parkash Dua who expired at Delhi on 17.2.2003,

(2.) In the present case, petitioner had given the names of the legal heirs of the deceased Dr. Ram Parkash Dua in para 3 of the petition and two of which legal heirs had filed objections but thereafter these objections were not pursued. It may be noted that as per the averments in the Will dated 15.9.2001 of late Dr. Ram Parkash Dua, his wife i.e Smt. Raj Dua had deserted him way back in 1961 as also his daughter who is mentioned at serial no.3. In the Will of late Dr. Ram Parkash Dua, it is mentioned that it is the petitioner who took care of late Dr. Ram Parkash Dua in his old age.

(3.) Petitioner has stepped into the witness box as PW -1 and has proved the aspect that the wife and daughter of late Dr. Ram Parkash Dua left him in 1961 and in fact it is the petitioner who was taking care of late Dr. Ram Parkash Dua. Petitioner has also deposed as to the soundness of mind of late Dr. Ram Parkash Dua at the time of execution of the subject Will dated 15.9.2001. The Will has been duly registered with the Sub - Registrar as a document No. 32631 in additional book No.3, Volume No. 5429 at pages from 28 to 29.