PARMESHWARI DEVI Vs. STATE

JUDGEMENT

(1.) The appellant (now deceased) had preferred this appeal under Sec. 299 of the Indian Succession Act, 1925 [hereinafter "the Act"] against the order dtd. 1/12/2008 passed by learned Additional District Judge-05, West District, Tis Hazari Courts, Delhi ["Probate Court"] refusing to grant probate of the Will dtd. 4/10/2004.

(2.) Shorn of unnecessary details, appellant, Smt. Parmeshwari Devi, was the widow of the deceased, Shri Sube Singh. Shri Sube Singh was previously married to Smt. Angrej Kaur, who passed away, leaving behind two children, Satbir (respondent No.2) and Smt. Azad Kaur. After her demise, Shri Sube Singh married the appellant, and they had three sons-Jagbir, Raj Singh, and Ranbir Singh and one daughter, Miss Kaushalya Devi.

(3.) During his lifetime, Shri Sube Singh was the sole and exclusive owner of the agricultural land measuring 12 Bighas and 11 Biswas in khasra No.44/9 (3-12), 12 (4-16), 19 (4-3), khata Khatauni No. 584, situated in the revenue Estate of village Alipur, Delhi. He had also applied for compensation under an award and maintained a savings account with Allahabad Bank, Alipur. On 4/10/2004, Shri Sube Singh executed a registered Will, bequeathing his land to the appellant. The Will also stated that the appellant would be responsible for solemnizing the marriage of their daughter, Miss Kaushalya Devi. Shri Sube Singh passed away on 23/12/2004, leaving behind the appellant and his children from both marriages.