NEERAJ KATYAL AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS is an appeal filed by the appellants against the judgment dated 17.1.2011 passed by learned Additional District Judge -06, Delhi in Probate Case Nos. 258/2006 titled Ramesh Katyal vs. State and 562/2006 titled Neeraj Katyal and Ors. vs. State and Ors.

(2.) BRIEFLY stated the facts leading to filing of the present appeal are that one Hari Narain Katyal, father of Ramesh Katyal and grandfather of Neeraj Katyal and Gourav Katyal is purported to have made a Will dated 21.7.1998 in respect of a house bearing No.A -284, Derawal Nagar, Delhi measuring 500 square yards in favour of his three grandsons. Two cases came to be filed; one by Ramesh Katyal s/o Hari Narain Katyal bearing No. 258/2006 in which he claimed letter of administration in respect of the aforesaid house on the ground that his father had died intestate and therefore, he and his brother Yashpal Katyal had inherited the property in the proportion of one -half each. As against this, Neeraj Katyal and two others, who are the sons of Yashpal Katyal had filed a separate probate case bearing No. 562/2006 making Ramesh Katyal, their uncle and their own father Yashpal Katyal as respondents by setting up a Will dated 21.7.1998 purported to have been executed by their grandfather. Both these matters were clubbed together and following issues were framed : -

(3.) THE case filed by Ramesh Katyal was treated as a lead case and he filed his affidavit Ex. PW1/A. Apart from his examination, one R.S. Verma is examined as PW -2, Manish Narang is examined as RW -1, the respondent/objector, Neeraj Katyal examined himself as RW -2, Naresh Kumar Parashar as RW -3 and Q.L. Kanijow, Advocate as OW -1. Both RW -1 and OW -1 are the attesting witnesses to the Will (Ex. RW 2/2).