PREM PRAKASH DABRAL Vs. STATE

JUDGEMENT

(1.) Petitioner by way of present petition under Section 276 of the Indian Succession Act, 1925 seeks probate of the Will of late Sh. Kali Prasad Dabral dated 29th October 2004.

(2.) Sh. Kali Prasad Dabral, (hereinafter 'the deceased') passed away on 4 th August 2011 and was survived by the four Class-I heirs, Prem Prakash Dabral (Petitioner No.1), Jaya Prakash Dabral (Respondent No. 2), Renu Nauriyal (Respondent No.3) and Rekha Mishra (Respondent No. 4). The deceased was the lawful sole owner of the property bearing no. C- 1/35, Janak Puri, New Delhi and upon his demise the said property has devolved onto the Petitioner by virtue of the last will and testament of the deceased dated 29th October 2004. As per this registered will, the deceased also bequeathed all his money in his bank accounts, pension accounts, NSCs, FDRs in favour of the Petitioner to the exclusion of the remaining Class-I heirs. The reasons for exclusion of the Respondents, as have been stated in the will, are that the elder son, Respondent No. 2, was disowned on 4 th December 1993 from all the moveable and immoveable properties of the deceased for not performing his duties as a son and for acting beyond the reach of the deceased. Respondent Nos. 3 and 4 have been excluded from the will because the deceased had spent a considerable amount in their marriage and he did not wish to bequeath any further property/money to them. Petitioner being the sole legatee is entitled to the abovesaid property to the exclusion of all other family members of the deceased and to the grant of probate of the Will dated 29th October 2004.

(3.) At the time of filing of the Petition, Respondent No. 5, wife of Respondent No. 2, was in possession of a portion of the abovesaid property. Later, she was directed to hand over the said portion of the property to the Petitioner vide Judgment dated 22ndJanuary 2014 in RSA 190/2011, titled as Prem Prakash Dabral v. Shikha Dabral & anr.