DINESH AGGARWAL & ORS Vs. STATE & ORS

JUDGEMENT

(1.) Cm No. 4035/2019 For the reasons stated in the application, the same is allowed and the delay of 56 days in filing the appeal stands condoned.

(2.) The appellants herein are the brothers of the deceased Late Bishan Chand Aggarwal and claimed to be the executors of the said Will. It is their case that as per the Will, the deceased has bequeathed 40% of his share to one of his brothers Dinesh Aggarwal and 15% each to his other brothers Mukesh Kumar Aggarwal, Rakesh Kumar Aggarwal, Umesh Aggarwal and Amit Aggarwal in the property bearing No.G-92, Preet Nagar Cooperative Housing Building Society, Colony knows as Preet Vihar, Delhi-92. The Will is stated to have been registered on Feb. 19, 2009 and is stated to have been witnessed by Mahesh Chand Jain and Chandra Prakash Srivastava.

(3.) Respondent No.1 is the State, respondents No.2 to 6 are the wife, two sons and two daughters of the deceased, who have filed objections to the grant of probate. The learned Single Judge framed the following issues:-