JAGIR SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has sought for grant of probate in respect of a Will dated 13.01.1969 of one Waryam Singh (hereafter called "the Testator"), his father and the father of respondent No.2. According to the petition averments, the Testator had executed the concerned Will bequeathing his entire estate including immovable property being A-36, Hauz Khas, New Delhi-110016 to the petitioner. The petitioner avers that the second respondent was disowned from inheriting any portion of the Testator's estate, following a fatal joint attack by him and respondent No.2, his son Kirpal Singh.

(2.) The petitioner relies upon a First Information Report No. 131/68 registered against the respondent No.2 and his son Kirpal Singh. It is claimed that said two respondents/defendants underwent trial till 24.4.1975.

(3.) According to the petitioner, the Will was validly executed and attested by three witnesses who have been named in the petition. It is also claimed that the deceased Testator was survived by legal heirs respondents 2 to 6 and he had appointed the petitioner as his executor. According to the latter, the value of the immovable property is worth Rs. 42 lakhs.