LAWS(DLH)-2007-8-374

ASHISH VIRMANI Vs. STATE

Decided On August 16, 2007
Ashish Virmani Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4th July, 2005 passed by the learned Single Judge dismissing the probate petition filed by the appellant and allowing the probate petition filed by Smt. Kamlesh Ahuja, respondent no.5 herein for obtaining probate in respect of a registered Will dated 27th March, 1985. The appellant had filed the probate petition for grant of probate in respect of the unregistered will dated 25th October, 1986.

(2.) The appellant and the respondents are children of late Mr. Bakshish Singh who expired on 29th December, 1986. The deceased was owner of property/House No.C- 37, Rajouri Garden, New Delhi and some other assets as mentioned in the aforesaid probate petitions. Issues were framed on 18th February, 1993 and order was passed for consolidating both the probate petitions and to read evidence recorded in one case in the other. Evidence was thereafter recorded by the learned Single Judge and the impugned judgment was passed as against which the present appeal is filed on which we have heard the learned counsel for the parties. Learned counsel for the parties have taken us through the relevant material and the oral evidence.

(3.) On 14th September, 1977, Mr. Bakshish Singh by a registered Will bequeathed his entire property to his wife including the house in question. Subsequently, he had executed another registered Will dated 27th March, 1985 whereby he bequeathed his entire property including the said house in favour of Ms.Kamlesh Ahuja, his youngest daughter. The appellant herein propounded a Will which was allegedly executed by Mr. Bakshish Singh on 25th October, 1986. There is no dispute with regard to the fact that Mr. Bakshish Singh expired on 29th December, 1986 leaving behind his widow Ms.Maya Devi, who also expired on 25th September, 1998. He had also left behind his three daughters namely Ms.Krishna Kalia, Ms.Surinder Virmani and Ms.Kamlesh Ahuja. Ms. Maya Devi had filed affidavit and had supported the Will dated 27th March, 1985 stating that the said Will was genuine but she expired before she could be cross-examined.