RAJESH SHARMA Vs. KRISHAN KUMAR SHARMA

JUDGEMENT

(1.) Appellant, Rajesh Sharma, the propounder of the registered will dated 13th July, 1989, executed by his mother, has locked horns with his step-brother, Krishan Kumar Sharma, the respondent herein. Smt.Sneh Prabha Sharma, the testatrix, and her husband Ram Mohan Sharma were married twice. The appellant, Rajesh Sharma, is the son of the testatrix and Ram Mohan Sharma. The respondent, Krishan Kumar Sharma, is the son from the first wife of Ram Mohan Sharma. The appellant's case is this that the will dated 13th July, 1989, was made by the above-said testatrix in sound disposing mind on 13th July, 1989 and it was got registered on 11th September, 1989. Smt.Sneh Prabha Sharma died on 9th July, 1990. Except Krishan Kumar Sharma, none of the other siblings of the appellant contested the petition moved by the appellant under Section 276 of the Indian Succession Act.

(2.) On the basis of the pleadings, the following issues were framed by the learned trial court vide order dated 19th May, 1999:-

(3.) Counsel for the respondent has filed cross-objections. In the cross- objections, he pointed out that the Will in question is littered with the evidence of various suspicious circumstances.