VIJAY DUA Vs. STATE & ORS

JUDGEMENT

(1.) This probate petition has been filed by Sh. Vijay Dua son of late Sh. Narsingh Dass Dua seeking probate of the Will dated 29.11.2004 executed by the father Sh. Narsingh Dass Dua. At the outset, I may note that the petition though is titled as a petition seeking probate, really the petition will be for letters of administration with the Will annexed, inasmuch as, in the Will of Sh. Narsingh Dass Dua dated 29.11.2004 there is no executor appointed and probate can only be granted to the executor in terms of Section 222 of the Indian Succession Act, 1925. This petition is therefore treated as a petition for letters of administration with the Will annexed.

(2.) Respondents no.2 and 3 in this petition are the other son and the daughter of late Sh. Narsingh Dass Dua. These respondents had filed their written statements originally conceding to the probate petition. However, these two respondents thereafter sought to back out, and wanting to amend their written statements to dispute the Will, but such endeavour was disallowed by dismissing an application for amendment of these respondents, by the Order of a learned Single of this Court dated 25.5.2012. Appeal filed by the respondents no.2 and 3 to the Order dated 25.5.2012 of a learned Single Judge was dismissed by a Division Bench of this Court on 3.9.2012 in FAO(OS) No. 425/2012 and the SLP filed in the Supreme Court was also dismissed.

(3.) Petitioner has appeared in the witness box as PW1 and evidence has also been led by the petitioner of one attesting witness to the Will namely Sh. Vikram Bali as PW2.