KIRAN ARORA Vs. RAM PARKASH ARORA

JUDGEMENT

(1.) Chand Kiran Arcra was married to Kiran Arora (nee Khanna) on 5th December, 1970. They had two children: a son was born on 1st October 1971, and a daughter on 2nd November 1973. On 3rd January 1974, Chand Kiran died. After his death, his wife and two children continued to reside in the house at BF-27, Tagore Garden, New Delhi, along with his parents and other members of the family, as they had done when he was alive. The house stood in the joint names of Chand Kiran and his brother Kanwal Kishore. Besides this, Chand Kiran was also a partner in a firm started by his father Ram Parkash Arora.

(2.) It appears that a few months after the death of Chand Kiran, his wife began to claim his property for herself' and her children. This antagonised Ram Parkash Arora, and the relations between them became very strained. Ultimately, on 1st June 1974, Kiran Arora left the house with her two children and went to stay with her father in his house at Jawahar Nagar, Delhi. She and her children have lived there ever since.

(3.) On 14th October 1974, Ram Parkash Arora made an application, for the grant of probate of a will dated 26th December 1973, alleged to have been executed by Chand Kiran. (Later, the application was, amended to ask for letters of administration with the will annexed because Ram Parkash Arora had not been appointed an executor by the will). The application was opposed by Kiran Arora on behalf of herself and her children. She said that the will was forged. After a protracted trial the District Judge dismissed the application on 24th February, 1977. He held that it had not been proved that the will had been executed by Chand Kiran Arora. An appeal against that order was dismissed by B. C. Misra, J., on 28th September 1977. He gave a positive finding that the will was forged. A further appeal to a Division Bench was dismissed in limine on 12th January 1978. I was told that an application for special leave to appeal to the Supreme Court was dismissed on 11th December 1978.