SURINDER KUMAR GROVER Vs. STATE

JUDGEMENT

(1.) (I) By this judgment, two cases are being disposed of. Both the matters are consolidated in terms of the order dated 1.2.2005 passed in the suit. Disputes are between siblings of late Smt. Sheelawati Grover. First case is Testamentary Case 38/2000 filed by Sh. Surinder Kumar Grover son of Smt. Sheelawati Grover. On one side is ranged the petitioner Sh. Surinder Kumar Grover, one son of Smt. Sheelawati Grover and Sh. Krishan Kumar Grover, and the other side is ranged by all the other siblings being the other sons and daughters of late Smt. Sheelawati Grover. Testamentary case 38/2000 filed by Sh. Surinder Kumar Grover is with respect to the Will dated 10.5.1989 said to have been executed in his favour by the mother Smt. Sheelawati Grover. The propounded Will is a one page Will in the handwriting of Smt. Veena Grover who is the wife of the petitioner. The second case is the suit for partition CS(OS) No. 140/1997 filed by five children; one son and four daughters; of late Smt. Sheelawati Grover namely Sh. Satish Kumar Grover (son), Smt. Kanchan Ahuja (daughter), Smt. Indu Gulati (daughter), Smt. Shashi Kalra (daughter) and Smt. Madhu Narang (daughter). One more son of Smt. Sheelawati Grover is Sh. Ravinder Kumar Grover, the defendant no.2 in the suit, and who though has remained ex-parte in the proceedings but he has opposed the petitioner Sh. Surinder Kumar Grover, as Sh. Ravinder Kumar Grover has appeared as a witness on behalf of the respondents in the testamentary case against the petitioner Sh. Surinder Kumar Grover by deposing against the Will dated 10.5.1989. The property subject matter of dispute, both in the testamentary case and the partition suit, is H-4/5, Model Town, Delhi owned by the mother Smt. Sheelawati Grover.

(2.) By this testamentary case, the petitioner Sh. Surinder Kumar Grover seeks Letters of Administration with respect to the Will dated 10.5.1989 of his mother Smt. Sheelawati Grover. The Will in question is an unregistered Will. Smt. Sheelawati Grover died on 23.5.1989.

(3.) In this testamentary case, the following issues were framed:-