PRADEEP KHULLAR Vs. STATE

JUDGEMENT

(1.) None appears for Respondent No.3 for the last several hearings.

(2.) The Present Test. Case has been filed seeking probate of Will dated 4th May, 1986 and Codicil dated 5th May, 1986 executed by Late Shri Krishan Lal Khullar. The petition has been preferred by Shri Pradeep Khullar, one of the sons of Late Shri Krishan Lal Khullar against his brother - Shri Virendra Khullar (Respondent No.2) and sister - Smt. Neelam Khanna (Respondent No.3). The reliefs sought in the petition are as under:

(3.) Insofar as the Will dated 4th May, 1986 is concerned, ld. counsel for Respondent No.2 submits that neither of the Respondents have challenged the said Will and they agree to a probate being granted in respect of Will dated 4th May, 1986. However, the Respondents do not admit the Codicil dated 5th May, 1986. Further, ld. counsel for Respondent No.2 has placed on record the final judgment of the Ld. Additional District Judge in CS No.392/2018 between Shri Pradeep Kullar and his mother and brother namely Smt. Padmavati Khullar and Shri Virendra Khullar respectively. In the said suit, one of the issues which was framed was as under: