SUNIL KANT Vs. SAMRAT CHANDER

JUDGEMENT

(1.) This appeal under Sec. 299 of the Indian Succession Act, 1925 (ISA), has been filed by respondent no. 4/objector challenging the judgment dtd. 19/2/2009 passed by the learned District Judge-07, Tis Hazari Courts, Delhi, in P.C. No. 279/2006, whereby respondent no. 1/petitioner has been granted probate. In this appeal, the parties, unless otherwise specified, will be referred to as described in the probate petition.

(2.) In the petition filed under Sec. 276 of the ISA it is alleged thus:- The father of the petitioner, late Shri Ramji Dass, was the owner of Shop No. 78, Mall Road, Kingsway Camp, Delhi (the suit property). The property was his self-acquired property, which he bequeathed to the petitioner by way of a Will dtd. 14/9/1998, which was duly registered before the Sub-Registrar, Delhi. Ramji Dass died on 8/7/2005. Ramji Dass had executed the Will while he was in a sound disposing state of mind and without any pressure or compulsion from others. It was executed in the presence of witnesses. In the Will, the testator has also stated that his son Sunil Kant, that is, respondent No. 4, had falsely proclaimed himself to be the owner of the aforesaid property, although he has no right, title or interest in the property or any other property of the testator, movable or immovable. It was prayed that the Court may grant a letter/certificate of probate in his favour in respect of the estate of late Shri Ramji Dass, as described in Schedule-A and bequeathed to the petitioner vide his last and final registered Will dtd. 14/9/1998.

(3.) Respondent no. 1, the wife; respondent no. 2, another son and respondent no. 3, the daughter of the testator, reported no objection to the petition.