RANJAN RATTAN VADHERA Vs. STATE

JUDGEMENT

(1.) The present Appeal is directed against the order and judgment dtd. 29/4/2008 passed by the learned Additional District Judge ('Impugned Order") in Probate Case No. 96/2000, whereby the petition of the Appellant for the grant of probate of the Will dtd. 20/9/1972 ('Will") of Ms. Savitri Vadhera ('Testatrix"), has been dismissed with the observation that the Appellant had failed to establish the valid execution of the Will by the Testatrix.

(2.) The Testatrix passed away on 20/10/1972 and before her demise, she executed the Will bequeathing all her movable and immovable properties in favour of the Appellant, which was witnessed by Mr Raj Lal and Mr S.P. Joshi. The Testatrix was survived by her son - Mr. Ranjan Rattan Vadhera (the Appellant), her husband - Mr. Om Prakash Vadhera and her daughter - Ms. Nandita Bhalla. The Testatrix left behind an immovable property bearing number I-21, Kirti Nagar, New Delhi ('Property").

(3.) After the demise of the Testatrix, the Appellant filed a Petition under Sec. 372 of the Indian Succession Act, 1925, for the grant of Succession Certificate regarding her debts and securities, which was granted in his favour vide Order dtd. 5/6/1974 passed by the Learned Sub-Judge, First Class, Delhi.