RAJESH ARORA Vs. STATE

JUDGEMENT

(1.) THE genuineness of the will dated 1st June, 1995 of one Shri Tilak Raj akalgarhia is in issue in the present case. The petitioner seeks probate of the said Will by virtue of the provisions of Section 278 of the Indian Succession Act, while the respondent nos. 1 and 2, who are the real brothers of the petitioner, maintain that the Will under which the petitioner is the sole beneficiary cannot be probated by this Court as the same is not a genuine document.

(2.) THE petitioner claims that the testator shri Tilak Raj Akalgarhia expired on january 18, 1997 at Delhi after executing during his lifetime a Will dated 01. 06. 1995, which was duly registered with the Sub-Registrar, kashmere Gate, as Document No. 24927, additional Book No. III, Volume No. 2376 on page 142. The deceased Shri Tilak Raj akalgarhia was survived by the following class I legal heirs:

(3.) THE wife of the deceased Shri Tilak raj Akalgarhia, namely, Smt. Sita Rani had pre-deceased him. By his alleged last will and testament, the testator bequeathed his property, i. e. , House No. 18, State Bank colony, G. T. Karnal Road, Delhi, of which he was the absolute owner, to the petitioner -his youngest son to the exclusion of the respondent Nos. 2 and 3, being his two other sons. The Will, apart from bearing the signature of the testator Shri Tilak Raj akalgarhia purports to be signed by two attesting witnesses Shri Yashpal Singh and shri R. R. Bhardwaj, Advocate, whose signatures appear on the left side of the Will while on the right side are the signatures of one Dr. Balbir Singh under the signatures of the testator himself.