DINESH AGGARWAL & OTHERS Vs. STATE & OTHERS

JUDGEMENT

(1.) The present testamentary case has been filed under Section 276 of the Indian Succession Act, 1925 in respect of Will dated 19th February, 2009 of Late Sh. Bishan Chand Aggarwal. The Petitioners are the brothers of the deceased and claim to be the executors of the said Will. As per the Will, the deceased claims to be the owner of the following property:

(2.) Respondent No.1 is the State. Respondents No.2 to 6 are the wife, two sons and two daughters of the deceased. Respondents No.2 to 6 have filed objections to the grant of probate. It is the case of the Respondent that the Will is surrounded by suspicious circumstances as it does not even mention the immediate family of the deceased or the reasons for disinheriting them. Considering the nature of the objections, the following issues were framed on 13th July, 2015:

(3.) Petitioner No.1 appeared as PW-1, the record keeper from the SubRegistrar's Office appeared as PW-2 and Sh. Mahesh Chand the attesting witness appeared as PW-2(A). On behalf of the Respondent, one of the sons Sh. Deepak Aggarwal, Respondent No.4 appeared as RW-1. The following documents have been exhibited by the witnesses: