JAI SINGH Vs. STATE

JUDGEMENT

(1.) The present petition under Section 276 of the Indian Succession Act, 1925 has been filed seeking grant of probate of the Will of late Sh. Inder Singh dated 10th March, 1995. The Petitioner is the elder brother of the testator. Notice was issued in the petition on 27th May, 2003. The three legal heirs of the testator have filed a common objection petition, objecting to the grant of probate. On 19th July 2006, the following issues were framed:

(2.) On behalf of the Petitioner-Sh. Jai Singh, three witness statements were filed: that of Sh. Jai Singh himself, and the two attesting witnesses to the Will, namely Sh. Kamal Singh and Sh. Ankur Walia. Though the two attesting witnesses filed their affidavits by way of evidence, only Sh. Ankur Walia had appeared for cross examination. On behalf of the Respondents, the affidavits by way of evidence have been filed by Sh. Raj Kumar, the son of the testator's sister, and Sh. Vikas Dagar, one of the sons of the testator.

(3.) The submission of Mr. Vinaik, Advocate appearing for the Petitoner is that the Petitioner - Sh. Jai Singh had two brothers, Sh. Sher Singh and Sh. Inder Singh. The Petitioner was the eldest son of late Sh. Risal Singh. The testator - Sh. Inder Singh was suffering from Polio, and was handicapped. However, his elder brother, Sh. Jai Singh always emotionally supported him and even gave financial support to him. The family had a large number of moveable and immoveable properties and other assets. After the death of the father, the family entered into a family settlement, under which all the family members including the testator agreed to the division and the respective shares of all the heirs. However, one property i.e., land admeasuring 91 Kanals 4 marlas at Village Raisina, District Sohna bearing Khasra No. 99/22/2 (1-16), 102/1 (7-15), 2(8-0), 3(2-16), 6( 2-2), 7(4-13), 8(7-15), 9( 8-0), 10( 8-0), 11(8-0), 12( 6-18), 13( 8-0), 14 (8-0), 15(8-0), 26(1-2), 101/1/1(0-3), 10/2 (0-4) was not mentioned in the family settlement. The same is the subject matter of the Will in question. According to learned counsel for the Petitioner, this land was in fact purchased by Sh. Jai Singh in the name of Sh. Inder Singh, with the clear understanding that the said land would revert to Sh. Jai Singh. Thus, the same was not part of the family settlement and was bequeathed by the testator in favour of his elder brother.