JATINDER SINGH BHATIA Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks probate of the registered Will dated 15th May, 1994 of his father Shri Joginder Singh Bhatia. Under the said Will the petitioner is the only beneficiary. The four brothers and one sister of the petitioner have been impleaded as the respondents/close relatives. Objections have been filed by each of the four brothers of the petitioner. The sister of the petitioner has filed Testamentary Case No. 42/1995 with respect to a Will dated 15th November, 1994 of the said Shri Joginder Singh Bhatia, as executor appointed under the said Will.

(2.) THE Will dated 15th May, 1994, subject matter of this petition, is purported to be witnessed by Shri Ravinder Pal Singh and Shri Yoginder Singh bhatia. The present petition has been verified, besides by the petitioner, by shri Yoginder Singh Bhatia as one of the attesting witness to the Will. The petition was also accompanied by the affidavits of both Shri Ravinder Pal Singh and Shri Yoginder Singh Bhatia affirming that the Will dated 15th May, 1994 was executed by Shri Joginder Singh Bhatia in their presence and that they had also signed the said Will as attesting witnesses in the presence of Shri Joginder singh Bhatia and in the presence of each other.

(3.) FOR the purposes of the disposal of these applications, it is also necessary to state that in the objections filed by each of the brothers of the petitioner, it is, inter alia, the case that the Will dated 15th May, 1994 of which probate is sought by the petitioner is not the last Will of Shri Joginder singh Bhatia; that the Will dated 15th May. 1994 has been revoked and cancelled by Shri Joginder Singh Bhatia by making his last Will dated 15th November, 1994 of which probate has been sought in Testamentary Case No. 42/1995.