(1.) BY way of present appeal under Section 299 of Indian Succession Act, 1925 (hereinafter referred to as the 'act') appellant has challenged impugned judgment dated 14. 8. 2006 by which the probate petition filed by her has been dismissed.
(2.) BRIEFLY the facts of the case are as under: appellant had filed a probate petition under Section 276 of the Act for grant of probate in respect of 'will' dated 26. 2. 1987 alleged to have been executed by her father late Sh. Kasturi Lal Kalra who died on 8. 3. 1987 at delhi. Respondent No. 2 is the widow of deceased. As per case set up by appellant after her marriage in the year 1990, her sister Niti Kalra was feeling isolated as such respondent No. 2 requested her to live with them at p-44, Pitampura house, Delhi. She also requested appellant and her husband to raise construction upto 2nd floor of said house. It is alleged that appellant also helped financially in raising construction of said house and in May, 1994, appellant along with husband and children started living in the aforesaid house. On 28. 3. 1996, her sister Niti Kalra died. It is further alleged that in November, 1998, respondent No. 2 left the house after locking first floor. It is further alleged that in the year February, 2004, petitioner found the alleged 'will' as per which her late father had bequeathed property No. PP-44, Pitampura, Delhi and plot bearing No. B-1164, Shastri nagar, Delhi in her favour as well as her sister Niti Kalra. She has alleged that nothing has been given in the 'will' to respondent No. 2. It is further alleged that respondent No. 2 along with her brothers had been ill-treating her father when he was alive. Immediately thereafter, she filed the petition for grant of probate.
(3.) THE probate petition was contested by respondent No. 2 by filing objections in the form of reply to the said petition wherein she has denied that deceased left behind any 'will'. She has alleged that deceased died intestate when appellant was minor at that time.