VIKRAM CHOPRA Vs. STATE AND ORS.

JUDGEMENT

(1.) This petition has been filed by Mr. Vikram Chopra seeking probate of the will dated 27th July, 1994 executed by deceased Praveen Malhotra. In brief, the case of the petitioner is that Praveen Malhotra (hereinafter referred to as 'Praveen') son of Shri O.P. Malhotra died the intervening night of 19 -20th December, 2004 at New Delhi. He was resident of A -111, Defence Colony. New Delhi. At the time of his death, he left various properties within the State of Uttar Pradesh and the State of Delhi. He executed a will on 27th July, 1994 thereby bequeathing all his moveable and immoveable properties to Smt. Shalini Asha Chopra (hereinafter referred to as 'Shalini') resident of Allahabad. Petitioner, Vikram Chopra is the executor of the will. Praveen left behind O.P. Malhotra; his father, Kanta Malhotra; his mother and Neena Anand; sister as his heirs. Since he bequeathed all his properties moveable and immoveable in favour of Shalini to the exclusion of his legal heirs by way of the impugned Will, his petition has been filed.

(2.) The case was initially filed for grant of probate of the impugned will by the petitioner invoking the jurisdiction of High Court of adjudicator at Allahabad. However, after objectors O.P. Malhotra and Kanta Malhotra raised objections to the jurisdiction of Allahabad High Court to entertain the petition, it was transferred to this court by the order of the Supreme Court dated 6.11.1995.

(3.) Respondents No. 2 and 3 have contested this petition on various grounds, contending inter alia that Praveen, their only son was found dead on the intervening night of 19 -20.12.1994 in South Delhi Guest House in suspicious circumstances. Previously he had been residing on the first floor of House No. A -111, Defence Colony, New Delhi. He was taken away from his house by Shalini, Vikram Chopra, the petitioner and Nikhil Chopra, another son of Shalini from his house and was admitted in South Delhi Guest House where he was found dead and a case of murder was registered against Shailini, H.S. Chopra (husband). Vikram and Nikhil Chopra (her sons). Praveen had no property in U.P. He was addicted to heavy drinking and was an alcoholic. His wife died in Aril, 1980 and Praveen was prosecuted in a bride burning case along with his parents and sister and the said case was pending trial at the time of his death. Shalini lived in the same Defence Colony area where Praveen resided. She had come in contact with Praveen in March/April, 1994 only. Shalini Knew that Praveen was a man having substantial properties and money. On 21.4.1994 Praveen met with an accident in Banaras and sustained head injuries. When he came to Delhi, the respondents were out of Station in connection with some marriage. Therefore, Shalini got Praveen admitted in East and West Nursing Home, Golf Links, New Delhi and looked after him while he was there. However, all the expenses of the Nursing Home were paid by the respondents on his discharge from Nursing Home on 30.4.1994. Shalini had created an impression in the mind of Praveen that his life was saved by her and she started dominating Praveen. He was under the full influence of Shalini and taking advantage of it, she resorted to depriving Praveen and his parents from all his properties and to acquire them for herself by way of the impugned will within a period of about four months i.e. April to July, 1994.