VIVEK SINGHAL Vs. VIJAYA RANI SINGHAL

JUDGEMENT

(1.) Heard Mr. K.M. Garg, learned counsel for the appellant and Mr. Manoj Kumar Tiwari, learned counsel for the respondent.

(2.) Brief facts of the case are that the appellant has filed probate case in the Court of District Judge, Ghaziabad seeking probate of Will deed dtd. 11/12/1974 executed at District- Ghaziabad by one Kulveer Singh son of Raghunath Singh in favour of appellant/ Vivek Singhal in respect to immovable property situated at Village- Balkund, Tahsil- Ladpur, District- Kota, State-Rjasthan. The aforementioned case was registered as probate case no.50 of 2007. In the aforementioned probate case specific and general citation has been issued as well as published in Hindi Daily Aaj. The appellant has filed an application seeking the valuation of the property and proforma of schedule III. The appellant has also filed an affidavit in his examination in Chief. Respondent has filed her no objection and her own affidavit stating that she has no objection for granting probate in favour of the appellant. In the aforementioned probate case one Rajkumar Samsun, Notary Advocate, Ghaziabad has filed his own affidavit proving execution and attestation of Will. One Vandana, sister of the appellant has filed an amendment application seeking her right in the property in dispute. The amendment application has been rejected by the Court vide order dtd. 26/11/2007 on the ground that Will has been executed in favour of appellant only, as such, applicant of amendment application is neither necessary nor proper party in the probate case. Additional District Judge, Court No.5, Ghaziabad vide order dtd. 26/11/2010 rejected the probate case merely on the ground that Will is not covered by the Clause (a) & (b) of Sec. 57 of the Indian Succession Act, 1925 but it is covered by the Clause (c) of Sec. 57 of Indian Succession Act, 1925, as such, probate could not be granted. Hence this first appeal from order on behalf of the appellant for the following relief:

(3.) This Court on 3/2/2017, issued notice to respondent.