(1.) Present petition under section 276 and 300 of the Indian Succession Act has been filed by the petitioner - Darshan Singh Bilkhu @ Milkhu for grant of probate. It is contested by the respondents.
(2.) Darshan Singh Bilkhu @ Milkhu claims to be the son of late Sh. Pargan Singh Milkhu who expired on 31.05.1990 at 131, Harrowdene Road, Wembley, England. Petitioner's case is that Pargan Singh Milkhu had executed a Will dated 29.05.1990 whereby the entire properties whatsoever owned by him in India were bequeathed to him. The Will dated 29.05.1990 is the last Will and testament of the deceased. It was duly executed and signed in the presence of two attesting witnesses - Suzanne Stewart (Secretary) and Savita Patel (Clerk). The properties bequeathed under the Will consisted of a house at 11A, W.E.A. Karol Bagh, 18, New Delhi, India; a house at Nagal Khurd, Village Nangal Khurd, Distt. Hoshipelpur East Punjab, India. The movable properties consist of a Mercedez Benz, a Pugeot, jewellery in a Safe Deposit Box of Punjab National Bank, two watches, money lying in various banks. It is averred that since the petitioner being the sole executor named in the Will is entitled to the grant of probate.
(3.) The petition is contested by the respondents. It is averred that the petitioner's real name is Dersen Singh; he is a fictitious person and is not entitled to the grant of probate. The petitioner is not the son of late Sardar Pargan Singh Milkhu. It is further averred that Pargan Singh Milkhu was born in July 1920 and died on 31.05.1990 at the age of 70 years. The Will dated 29.05.1990 is a forged and fabricated one and is not the last Will and testament of Sardar Pargan Singh Milkhu. It is further claimed that Pargan Singh Milkhu before his death was being treated for "acute angina heart disorder" he had lost control of his senses and was not in complete frame of mind. He did not execute any Will in his sound disposing mind. It is further averred that Pargan Singh Milkhu had left behind a Will relating to all his properties both movable and immovable in India in 1971 while he was in Uganda. The properties mentioned in the petition are joint family properties and Pargan Singh Milkhu had no right to make any Will thereof. Will dated 29.05.1990 does not bear signatures of Pargan Singh Milkhu.