DEEPAK GUPTA Vs. RAJEEV AGARWAL

JUDGEMENT

(1.) The present appeal has been filed under Sec. 299 of the Indian Succession Act, 1925 (the Act), against Annexure A-1, i.e., judgment dtd. 13/8/2010 in Probate Case No. 152/2008, whereby probate of the Will dtd. 9/3/2006 has been granted in favour of respondent no. 1/ the petitioner, who claimed that the will had been executed by the testator in a sound disposing state of mind.

(2.) Brief facts germane to the adjudication of this appeal are as follows:- The dispute concerns the estate of late Krishana Nandan Gupta (the testator), who passed away on 25/4/2008. During his lifetime, he acquired property bearing no.WZ-125, Gali No. 7, Jail Road, Shiv Nagar, Delhi, and executed a registered Will dtd. 9/3/2006 relating to the property. The wife of the testator predeceased him on 18/11/2005, and he was survived by three sons, who are the parties in this case.

(3.) The learned counsel for the appellant submitted that the document sought to be probated by respondent no. 1/petitioner was an altered Will (Mark A), which differed from the certified copy of the registered instrument dtd. 9/3/2006 (Mark B). It was argued that the surrounding circumstances regarding the preparation and execution of the Will were suspicious and inadequately examined. Moreover, it was contended that probate could not be granted for the altered Will because such alterations are contrary to the provisions of the Act.