SURENDER RANA Vs. STATE AND ORS.

JUDGEMENT

(1.) This first appeal is filed under Section 299 of the Indian Succession Act, 1925 impugning the judgment of the trial court dated 22.10.2007 by which the trial court has granted to the respondent no.2 herein, petitioner in the trial court, letters of administration of the Will dated 19.9.2000 executed by Sh. Nand Lal, the father.

(2.) The facts of the case as pleaded in the petition in the trial court, filed by the respondent no.2/Sh. Sanjay Rana, were that his father Sh. Nand Lal died on 20.1.2001. Sh. Nand Lal had prior to his death left behind his Will dated 19.9.2000 and which was duly registered with the Sub-Registrar. By the Will the deceased testator bequeathed his property bearing no. 4249-51, Tail Mandi, Pahar Ganj, New Delhi to his one son i.e the respondent no. 2 herein and his widow Smt. Nirmal Rana. The petition in the trial court was originally filed by Smt. Nirmal Rana widow of Sh. Nand Lal along with Sh. Sanjay Rana, the son of Sh. Nand Lal, however after the death of Smt. Nirmal Rana, she was deleted from the array of the two petitioners because by the subject Will the property was bequeathed half to the widow Smt. Nirmal Rana and half to the son Sh. Sanjay Rana with the half belonging to the mother also falling to Sh. Sanjay Rana on the death of Smt. Nirmal Rana. The testator Sh. Nand Lal at the time of his death left behind his widow Smt. Nirmal Rana and one son the petitioner in the court below Sh. Sanjay Rana (respondent no.2 herein), two more sons Sh. Surender Rana (appellant herein), Sh. Navin Rana (one other objector who has chosen not to file the appeal against dismissal of his objections and granting letters of administration) and one daughter Smt. Hema Chadha (respondent no.3 in the court below and who gave her no objection to the grant of probate/letters of administration in favour of two petitioners Smt. Nirmal Rana and Sh. Sanjay Rana). Therefore, on the one side were the widow, one son and one daughter of the deceased testator Sh. Nand Lal and on the other side were two other sons who had filed objections against the subject Will.

(3.) To prove the Will the petitioners in the court below led evidence of six witnesses. PW-1 was the petitioner no.1 Sh. Sanjay Rana being the respondent no.2 herein. PW-2 was Sh. Rajesh Rana one of the attesting witness to the Will. PW-3 was Sh. A. Rehman, a UDC from the office of the Sub-Registrar to prove the registration of the Will. PW-4 was Dr. Arun Kumar Yadav from RBTB Hospital to show that the deceased Sh. Nand Lal had been discharged for a few hours from the hospital on 21.9.2000. PW-5 Smt. Kanta Chadha and PW-6 Smt. Bimla Mehta were the two sisters of the deceased testator Sh. Nand Lal.