SURINDER PAL KAUR Vs. STATE

JUDGEMENT

(1.) THIS petition for probate has been preferred by the petitioner Ms. Surinder pal Kaur in respect of the Will of deceased Baba Chakraborty Darvesh who expired on 5th September 2003. Notice of the petition was served upon all legal heirs of Baba Chakraborty Darvesh as mentioned in the petition and a citation was published in "punjab Kesari" and "tribune". No objections to the grant of probate qua Will were filed by the legal heirsof Baba Chakraborty. One disciple mr. Raghbubir Shiware of the deceased filed objections to the probate petition and alleged that all the legal heirs of deceased had joined their hands and filed a forged Will before the Court. However, this objector did not appear in the Court subsequently.

(2.) IN order to prove the Will, the petitioner examined herself as PW-1 by way of an affidavit. She deposed by way of this affidavit that Baba Chakraborty Darvesh was a Hindu and he died on 5th September 2003. She proved his death certificate as Ex. PW1/1. She submitted that on 23rd June 1966 one Smt. Gurdayal Kaur wife of Mr. Raghubir singh pronounced that she has no issue and she being the true follower of Baba chakraborty Darvesh in full senses donated and gifted plot no. E-255, Greater kailash, Part-II, New Delhi, belonging to her, to Baba Chakraborty Darvesh vide a registered donation deed dated 23rd June 1966 duly singed by Ms. Gurdayal kaur. A photocopy of this donation deed was marked as Ex. PW1/8. A perusal of this photocopy would show that the alleged donation deed was executed (if so)by Ms. Gurdayal Kaur on a plain paper and was notarized by a Notary Public and it was not a registered document. It only bears the stamp of Notary Public and does not bear even the signatures or even the thumb impression of Ms. Gurdayal kaur or any of the witnesses namely Mr. Gurdev Singh or Mr. Jagbir Singh. The photocopy is not a copy of original but it is a photocopy of an unsigned attested true copy. It is stated in the affidavit that the deceased was inquired about the original and the deceased told the deponent that somebody, taking advantage of his blindness, must have replaced the original donation deed with a true copy so the original donation deed was lost and not traceable. It is stated that the petitioner had become sole legatee of property bearing number e-255, Greater Kailash, Part-II, New Delhi by virtue of the Will and the property is to be used for upliftment of poor and for religious purposes. The deceased was brother-in-law of the petitioner. Since he was blind, the Will was dictated by him to one of his disciples Shri Gurdev Singh son of Gurdayal Singh and it was executed in presence of Ms. Dalbir Kaur wife of Gurdev Singh and kamaljit Singh son of Mr. Gurmail Singh.

(3.) THE other witnesses examined is PW-4 Gurdev Singh who is stated to have taken dictation of this will at the instance of Baba Chakraborty Darvesh. He in his affidavit testified that Baba Chakraborty Darvesh was blind and dictated the Will dated 7th June, 2003 to him and the said Will was in his handwriting. He testified about the affixation of thumb impression on the Will by testator in his presence. He further deposed that the other witness signed the Will in his presence and in presence of other witnesses. The contents of the affidavit were made read over to him in vernacular and the same were correct. Smt. Gurdayal Kaur is the other attesting witness to the Will. She is wife of Gurudev Singh, as is clear from her affidavit. She stated that she was one of the witnesses to the Will and she was present on 7th June, 2003 at 147, Shivalik Enclave Landran Road, Kharar district, Ropar, when at the residence of deceased, the Will was dictated by deceased to one of his disciples Mr. Gurdev Singh. The affidavit sounds as if this disciple was not her husband but the fact remains that this disciple was no one else but her husband. It is stated that the deceased affixed his thumb impression on the said Will in her presence.