RADHEY SHYAM SONI Vs. STATE

JUDGEMENT

(1.) The petitioner Radhey Shyam Soni seeks probate of the document dated 27th Dec., 2010 stated to be validly executed last Will of deceased Budh Mal Soni.

(2.) It is pleaded in the petition, that (i) the deceased Budh Mal Soni was the brother of the petitioner; (ii) the deceased died at Village Nechhwa, District, Sikkar, Rajasthan on 21st Feb., 2013; (iii) the deceased Budh Mal Soni was the owner of (a) first floor of Property No.5238/5, Krishna Nagar, Karol Bagh, New Delhi; (b) entire fifth floor of House No.2782/20, Beadonpura, Karol Bagh, New Delhi; (c) land bearing Khasra No.205 measuring 1.1255 hectare; (d) land measuring 5.8553 comprised in Khasra No.844 and 266 and land measuring 5.4759 hectare in Khasra No. 339, all situated in Village Nechhwa, District Sikkar, Rajasthan; (e) Plot No.46, Village Nechhwa, Tehsil Lachhmangarh, Rajasthan; (f) built-up house at Village Nechhwa Gram Panchayat Nechhawa; (g) one flat at Calcutta; (h) one Flat No.501, Ravindra Sarni Calcutta; (i) Flat No.4C and Shop at Sikkar, Rajasthan; and, (j) one shop at Nechhwa Panditia Samiti Sikkar, Rajasthan; (iv) the deceased also had monies in his account with Syndicate Bank and Life Insurance Policies, which have already been given to Smt. Bimla Devi wife of the deceased Budh Mal Soni; (v) the document dated 27th Dec., 2010 was executed by the deceased Budh Mal Soni at Jaipur as his last Will, in the presence of his brother Thakur Singh Soni, one Sushil Kumar Verma s/o R.S. Verma and one Rakesh s/o S.K. Sugandha; (vi) the said document is written by Rakesh in his own handwriting; (vii) the deceased Budh Mal Soni has no Class I heirs except his wife Bimla Devi as he was issueless and the mother namely Bhanwari Devi of the deceased had predeceased him; (viii) the petitioner is named as the executor in the document claimed to be the Will and is entitled to obtain probate thereof; (ix) the wife of the deceased Bimla Devi was trying to sell the properties though had no right, title or interest to do so; and, (x) the deceased was an ordinary resident of House No.5238/5, First Floor, Krishna Nagar, Karol Bagh, New Delhi and has also left properties at Delhi.

(3.) Besides impleading State as respondent no.1, only Bimla Devi, wife of the deceased has been impleaded as the close relative of the deceased.