SEEMA SARIN Vs. SUDESH CHANDER TALWAR

JUDGEMENT

(1.) Two natural heirs of a deceased requested a revisit to the consent affidavits given by them in an application for grant of probate after probate was granted on the ground that the consent affidavits were obtained by fraud and/or misrepresentation and/or given by mistake. The respondent herein persuaded the learned Single Judge to turn down such request on the principle of non est factum. Hence the appeal. Bhagwati Talwar had two sons, namely, Jagdish Chander Talwar and Sudesh Chander Talwar and two daughters, namely, Neena Sarin and Kuku Narang.

(2.) Bhagwati Talwar executed a Will dated January 3, 1995. One daughter Kuku Narang died prior to the Will.

(3.) By the Will dated January 3, 1995 the testatrix gave the Delhi property to the two sons and Neena Sarin absolutely in equal proportion. However, the Will provides that in the event of Neena Sarin predeceasing the testatrix, the Delhi property could go to the two sons absolutely in equal proportion. Neena Sarin died on May 16, 2003. The testatrix died on November 29, 2006. Neena Sarin was survived by her two daughters, namely, Seema and Reema. Both the daughters affirmed two several affidavits on September 17, 2007 and September 18, 2007 giving consent to the grant of probate of the Will of the testatrix. Probate of the Will of the testatrix was granted by this Hon'ble Court on December 18, 2008.