SURAJ BHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30.11.2006 passed by the learned Additional District Judge, Delhi whereby petition filed by the appellant under Section 276 of the Indian Succession Act 1925 seeking probate of the will dated 10.12.1992 purported to have been executed by Late Sh. Prabhu Singh in favour of the appellant was dismissed.

(2.) LATE Sh. Prabhu Singh (hereinafter referred to as the deceased) who died on 28.12.1992 was survived by his wife Smt. Asarfi (respondent No. 2), two sons namely Suraj Bhan (appellant), Jai Bhagwan (respondent No.

(3.) AS per the said will the deceased has bequeathed following movable and immovable properties in favour of Suraj Bhan to the exclusion of his other legal heirs :- A Plot ad measuring 120 square yards and bearing Municipal No. 60, Khasra No. 32/6 and 32/7, Village Matiala, New Delhi. B Compensation of one killa which shall be granted in respect of agricultural land ad measuring 4 bighas and 8 biswas and situated in Khasra No. 57/7, Revenue Estate, Village Matiala, New Delhi. (It has been mentioned in the will that compensation of one killa in respect of same agricultural land has already been received by younger son of the deceased i.e. Jai Bhagwan). C Amount lying deposited in the saving account of the deceased with the Oriental Bank, Naraina.