KHUSHBIR SINGH Vs. STATE

JUDGEMENT

(1.) Shri Jeevan Singh died on 24/11/1981 at R-569. New Rajinder Nagar, New Delhi. The petitioner is his son whoseeks probate of the Will purported to have been executed by Sh. JeevanSingh on 23rd November 1961. Under tr the Will the petitioner has beenappointed as sole executor and all moveable and immoveable propertieshave been bequeathed in his favour.

(2.) Some undisputed facts : Petitioner Kushbir Singh is son of Sh.Jeevan Singh from his first wife who had died before Jeevan Singh hadmarried Dr. Deep Kaur. The marriage between JeeKvan Singh and Dr. DeepKaur was solemnised in the year 1954. Dr. Deep Kaur is widow of Sh. JeevanSingh. Mr. Haricen Singh is his daughter. Ms. Harleen Kaur was born on1.1.1961. Dr. Deep Kaur and her daughter Ms. Harleen were living atH-479, New Rajinder Nagar. New Delhi, when Jeeven Singh died. KushbirSingh alongwith his wife was living in House No. P-569, New RajinderNagar, New Delhi, and Jeevan Singh bad also died in the said house.38

(3.) Dr. Deep Kaur and Ms. Harleen Kaur havopposed the grant ofprobate. Both mother and daughter in reply to probate petition have deniedthe factum and validity of the Will. The opposition of mother and daughteris contained in Paras 4 and 7 of their reply to the petition which reads asunder:Para 4 "Para No. 4 of the petition is denied. It is incorrect thatS. Jeevan Singh made the Will in question, as alleged. Theanswering respondents deny the factum and validity of theWill in dispute.Para 7 Para No. 7 of the petition is not admitted correct.It is denied that Shri Paras Ram Kaira who purports to havemade verification, declaration, has done so or that he purposely and validly attested the Will or that the Will has beenattested, according to law. The respondents deny that theWill was properly executed. It is denied that S. Jeevan Singhsigned the Wiil, as alleged, when he was in possession of fullsenses or that he understood what it was about".