AJAY MALHOTRA Vs. STATE

JUDGEMENT

(1.) This is an application under Order 39 Rule 1&2 r/w Section 151 Code of Civil Procedure, 1908 (hereinafter, "CPC") filed in a probate petition seeking probate of Will dated 26th October 2017. The Petitioner is son of the deceased-Late Sh. Gian Chand. Respondent no. 2 is widow of the deceased Testator (mother of Petitioner and Respondent no. 3) and Respondent no. 3 is the daughter of the deceased. The Petitioner is seeking interim injunction against Respondent no. 2 (Smt. Devi Kumari) and Respondent no. 3 (Smt. Shalu Kareer) restraining them from selling, alienating, transferring or creating any third party rights or interest in respect of any of the immovable properties bequeathed in favour of the Petitioner under the document dated 26th October 2017 purporting to be the Will and Testament of the deceased Testator (hereinafter referred to as the "document dated 26th October 2017"). Prayer is also made to restrain the Respondents from receiving any payment in respect of Fixed Deposit Receipts (FDRs) and other movable assets lying with various banks and other institutions, left behind by the deceased testator (Gian Chand) (except in the manner described in the document dated 26th December 2017), during the pendency of the present Petition.

(2.) The Petitioner claims that Late Sh. Gian Chand has left behind Will dated 26th October 2017 and he is entitled to the grant of probate / Letters of Administration in respect of the said Will. Respondent no. 2 and 3 have filed their objections to the Petition and have inter alia claimed that the Will is forged and fabricated. Under the document dated 26th October 2017, it is alleged that Late Sh. Gian Chand has bequeathed his movable and immovable properties in the following manner:

(3.) This Court, vide order dated 23rd July 2018, on the submissions advanced by the learned counsel for the Petitioner, passed an order restraining Respondent no. 2 and 3 from encashing the movable assets [FDRs and other investments] and also directed parties to maintain status quo with respect to the immovable properties of the Testator. The relevant portion of the said order reads as under: