SURINDER SINGH Vs. STATE

JUDGEMENT

(1.) In this petition filed under Section 276 of the Indian Succession Act, 1925, it is alleged that Lal Chand, who died on May 9, 1983, executed a will dated January 10,1981 be queating industrial property-No.C-58/1. Okhla Industrial Area Phase-ll, (measuring 756-4 sq. yards) in favour of the petitioner. Aforesaid property is registered with the Sub-Registrar, New Delhi, at serial No. 673 in book No. 1 vol. 4236 dated February 21,1980, on pages 57 to 62. Lal Chand deceased is survive by Smt. Bhagwanti (wife), Smt. Kanta Vasudeva, Smt. Pushpa, Makkar (daughters), Surinder Kumar Arora (son) and the wife and two' children, namely (a) Smt. Chanda Arora (son), of his predeceased- son Ra'[ Kumar Deceased has not left any other legal heir. It was prayed that a probate in regard to said will dated January 10,1991, may be granted to the petitioner.

(2.) Notice of the petition to the general public was published in Indian Express. Notice was also'sent to the State which was served through the Standing Counsel.

(3.) Aforesaid legal heirs of Lal Chand deceased contested the petition by filing a joint written statement. It is alleged that Industrial plot No. C-58/1, Okhia Industrial Area, Phase-ll was allotted to M/s. Khanna Litho Press whereof Lal Chand and Surinder Kumar Arora were the two partners. Surinder Kumar Arora is not practising medicine in USA and he later on came to know that Rajinder Singh s/o Ujjagar Singh and his brother Surinder Singh petitioner, obtained signature of Lal Chand on various blank papers for securing some loan required by him towards the end of December 1980 or early 1981. Therefore, Surinder Kumar Arora asked the petitioner to tell about the nature of transaction and not to act upon the fabricated will in question on August 2, 1983, September 13, 1983 and September 26, 1983 but no response was received from him. In the reply also filed by the petitioner to their application under order XI Rules 12 & 14 dated April 19.1990, in the case the matter has not been clarified. Lal Chand was aged about 78 years in 1980. Construction on said Industrial plot No. C-58/1, given on lease by the DDA to M/s. Khanna Litho Press, was raised by Lal Chand and Surinder Kumar Arora from their Joint funds. Relations of Lal Chand with his wife, sons and daughters were very cordial and thus there was no reason to have bequeathed the aforesaid Industrial plot by him in favour of an outsider. It is stated that the alleged will is not attested, lawfully by the witnesses and the petitioner is not entitled to the grant of the probate prayed for.