PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) THIS Probate Petition has been filed by the petitioners under section 276 of the Indian Succession Act for grant of Probate/letter of administration in respect of Will dated 11. 3. 1983, allegedly executed by late shri Karan Singh. Shri Karan Singh died on 26. 3. 1983. The Will in question is a registered Will. Notice of the petition was sent to all the relatives/legal heirs of late Shri Karan Singh as mentioned in the petition. One son of deceased Shri Karan Singh viz. Shri Bhim Singh filed objections against the grant of probate to the petitioner.

(2.) BY the alleged Will, Shri Karan Singh bequeathed all his properties to his wife and four sons excluding Shri Bhim Singh. Shri Bhim Singh took objection stating that though the Will, in question, was in existence since 1983, the Testator died in March, 1983 and the probate has been filed in 1997 i. e. after more than 12 years therefore, the petition was barred by limitation. On merits, it was submitted that Shri Karan Singh was under the influence and pressure of the petitioners, he was suffering from mouth cancer and was not in a position to talk, walk or to consult anyone or take independent decision. He was under treatment of Dr. Nagrath since 1980 and a certificate of Dr. Nagrath was not annexed with the Will showing his fitness while executing the same. Shri Karan Singh had also not appointed any executor in the Will thus, the Will was bad in law. It was also alleged that the Objector (Shri Bhim Singh) had very good relations with late Shri Karan Singh. He had been helping his father shri Karan Singh right from the age of 10 years in the business of selling fodder and the business of commission agent and the properties mentioned in the will were all purchased from joint family earnings, Shri Karan Singh had no authority to execute the Will in respect of joint family properties and the properties had to go as per Hindu Law as applicable to HUF properties. The objector also raised objection regarding the valuation of the properties done by the petitioner. Following issues were framed in this case: 1. Whether the petition is barred by limitation" " OPD 2. Whether the Will dated 11. 3. 1983 is signed and executed by deceased Karan Singh" " OPP

(3.) WHETHER late Karan Singh was mentally and physically sound to execute the Will" " OPP