SHRI BHAGWAN DASS S/O LATE SHRI TARA CHAND Vs. SMT. RAMA DEVI D/O SHRI TARA CHAND W/O SHRI VIJAY KUMAR AND THE STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal has been filed against judgment dated 22nd October, 2009, passed by District Judge -II, Delhi. Vide impugned judgment, petition filed by the appellant for grant of Probate/Letters of Administration in respect of Will dated 6th June, 1984, executed by Smt. Mohini Devi, was dismissed.

(2.) BRIEF facts of this case are that appellant is the adopted son of late Shri Tara Chand and Smt. Mohini Devi. Respondent No. 1 -Smt. Rama Devi is also the adopted daughter of Smt. Mohini Devi and Shri Tara Chand. It is stated that Smt. Mohini Devi was owner and in possession of a house bearing No. 411, Ward No. XV, situated in Patli Chandi Wali Gali, Pahar Ganj, New Delhi. She left behind the last Will dated 6th June, 1984, whereby she bequeathed the property in favour of appellant and respondent No. 1, in equal share. Respondent No. 1 contested the petition by filing objections that this Will was superceded by a Will dated 24th April, 1994. The Objector is only legal heir of deceased Smt. Mohini Devi, who executed last Will in favour of Objector on 24th April, 1994, whereby she bequeathed all her properties movable and immovable in her favour.

(3.) IT is also contended that once it is proved that the testator had infact executed the Will, it must be held to be a legal device in accordance with its terms even if it is not proved by calling any attesting witness to fulfill the formalities as laid down in the Indian Succession Act, 1925.