NARINDER KUMAR Vs. USHA RANI TUTEJA

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 299 of the Indian Succession Act, 1925 ['Act'] assailing impugned judgment dtd. 22/3/2019 passed by the learned Additional District Judge-07, South-East, Saket Courts, New Delhi ['trial Court'], whereby the petition filed by the appellant i.e. the petitioner before the learned trial Court, seeking probate of the Will dtd. 26/11/2003 executed by her mother late Smt. Ram Pyari wife of late Shri Om Prakash ['hereinafter referred as 'testatrix'], who passed away on 5/5/2004, was dismissed.

(2.) Briefly stated, the testatrix on her death was survived by one son i.e. the appellant before this Court and her five daughters/respondents and by virtue of the Will dtd. 26/11/2003, the appellant was sought to be claimed as sole beneficiary in respect of right, title and interest in the property bearing No. 2/16 (Right Side), Kalkaji Extension, New Delhi-110019 ['subject property'] admeasuring 205 square yards.

(3.) It was claimed that the said Will had been attested by his sister respondent No.4/ Smt. Sushma Arora, examined as PW-1 and Mr. Jagdish Tuteja, husband of another sister viz., respondent No.1/Smt. Usha Rani Tuteja, examined as PW-2. It is pertinent to mention here that the subject property was originally allotted to two brothers, namely, Mr. Ramji Dass and Mr. Om Prakash in the year 1963, the latter being the father of the present set of parties, and Mr. Ramji Dass died on 19/10/1993 and after his death, the legal heirs of Mr. Ramji Dass relinquished their share in favour of Mr. Surinder Kumar on 17/5/2000 and the other brother Mr. Om Prakash died on 20/11/1999 leaving behind his wife Smt. Ram Pyari , the appellant and the respondents No. 2 to 6 as his legal heirs, who relinquished their right, title and interest in the subject property in favour of the testatrix; and accordingly the subject property stood mutated in favour of the testatrix and Mr. Surinder Kumar in the L&DO 'Land and Development Office' records on 9/12/2002. It is also admitted that the subject property was later on converted into freehold vide Conveyance Deed dtd. 3/11/2003 and mutated in the record of the MCD 'Municipal Corporation of Delhi' as such on 13/10/2004.