SURJIT KAUR Vs. SOHAN SINGH

JUDGEMENT

(1.) This appeal has been filed to impugn the judgment dated September 29, 1994 passed by Additional District Judge, Delhi. The learned Judge dismissed the petition for grant of probate of the Will of late Smt. Narinjan Kaur who died on October 28, 1979. It was alleged that deceased Smt.Narinjan Kaur widow of late Shri Ishwar Singh was a resident of New Delhi and during her life time she had executed her Will dated October 9, 1979 bequeathing her property in favour of the appellant who is one of the daughters. Besides the appellant, the deceased also left behind two sons Sohan Singh and Mohan Singh, one more daughter Surinder Kaur and six children of pre-deceased daughter who was cited as near relations. Notice of the petition was issued to the relations. Both the sons and daughter contested the petition alleging that the Will was not genuine. They asserted that the deceased had executed another Will dated September 16, 1979 in favour of Mohan Singh and the deceased during her life time had issued public notice dated October 13, 1979 which was published in Commercial Law Gazette debarring petitioner from inheritance which will also show that the Will as propounded by the appellant was bogus. On the pleadings of the parties the following issues were framed: 1. Whether the deceased executed the Will in question while possessed of sound disposing mind? 2. Relief.

(2.) The parties examined their respective witnesses and the learned Additional District Judge after appreciating the evidence on record as well as the law as enunciated by the Supreme Court recorded the findings that "the Will was surrounded by suspicious circumstances and clearing these suspicious circumstances to the satisfaction of the Court is within the fold of initial onus on the propounder and until that has been done, probate cannot be granted to the petitioner. Petitioner has failed to clear and explain suspicious circumstances." The Will, as a consequence, was held not proved and issue No.1 was decided accordingly.

(3.) The facts of the case are not in dispute. The deceased had left behind two sons, two daughters besides children of pre-deceased daughter. However, all her other children have been excluded from inheritance. Therefore, there is strong suspicion to hold that the Will is alleged to be a forged and fabricated document. Reliance has been placed on the judgment of the Supreme Court reported as Smt.Indu Bala Bose and others v. Manindra Chandra Bose and another AIR 1982 Supreme Court 133. Paragraph 7 of the judgment which has been cited by the learned Additional District Judge clearly reiterates the proposition as under: