A K SHARMA Vs. STATE

JUDGEMENT

(1.) This is a petition under section 276 and 278 of the Indian Succession Act, 1955, for the grant of probate of the will executed by the deceased Dr. B.P. Pal. The facts as appearing from the petition are as follows :-

(2.) Dr. B.P. Pal, a bachelor, died on September 14, 1989, at New Delhi, at the age of 85 years. His parents predeceased him and he is not survived by any blood relations. At the time of his death he was possessed of both movable and immovable properties. Except residential house at Shimla, the other properties are his self acquired properties. The Shimla properly was bequeathed to him by his sister-in-law Mrs. Shukla Hari Dass and in respect thereof probate has already been granted in favour of the Indian Agricultural Research Institute, New Delhi. Dr. Pal left behind a will dated January 28, 1987 being his last will and testament and by virtue of which he bequeathed his properties both movable and immovable in favour of various persons. The petitioner herein has been named as one of the executors of the will. By this application the executor has applied for grant of letters of administration/probate in respect of the aforesaid will.

(3.) The will has been proved by Dr. Dadlani, Senior Scientist, one of the attesting witnesses. As per statement of Dr. Dadlani, Dr. B.P. Pal died on September 14, 1989, leaving behind a will dated January 28, 1987 (Ext. 'X'). In this regard he has staled that the will was executed by Dr. Pal in his presence. Apart from his (Dr. Dadlani) signatures it also bears the signatures of Dr. Brijendra Singh as an attesting witness. It is further slated that Dr. B.P. Pal signed the will in the presence of both the witnesses, and they had signed as attesting witnesses in the presence of Dr. B.P. Pal. The witness also proved the signatures of Dr. Brijondra Singh as he was his senior colleague and they were working together. The witness further stated that Dr. B.P. Pal was possessed of sound disposing mind at the time of execution of the will.