SMT JAI PALI Vs. PREM SAHDEV

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) The applications stand disposed of.

(3.) Briefly stated, the case of the appellants is that appellant no.1 is the widow of Late Kartar Singh (hereinafter referred to as the "deceased") and the appellant nos. 2 to 4 being sons of the deceased, are the legal heirs of the deceased. The deceased was the owner of a land measuring 1000 sq. yds. situated at Khasra no.1812-13, Aya Nagar, New Delhi (hereinafter referred to as "property"), which had devolved upon him from his father. The respondent filed Probate Petition before the Trial Court on the basis of an alleged Will dtd. 1/3/1995 and other documents i.e., an Agreement to Sell and General Power of Attorney, claiming rights over the said property. The Trial Court granted an ex-parte probate decree in favour of the respondent on 16/8/2003, followed by grant of Letters of Administration on 17/5/2010.