INDU PAINTAL Vs. GENERAL PUBLIC

JUDGEMENT

(1.) THIS appeal is directed against the order dated 18.09.2003 passed by learned Additional District Judge-I, Panchkula, dismissing an application filed under Section 276 of the Indian Succession Act, 1925 (for short "The Act") for grant of probate of the will dated 29.05.1998, executed by the deceased K.S. Paintal in favour of the appellant.

(2.) IN brief, the facts of the case are that appellant filed a petition under Section 276 of the Act seeking probate of Will dated 29.05.1998 (Ex. PW3/A) in which she has stated that her marriage with deceased-K.S. Paintal (who was Managing Director of M/s Hassles India (P) Ltd., 71, Paschimi Marg, Vasant Vihar, New Delhi) was performed on 10.07.1991. After some time, due to some misunderstanding, she obtained an ex-parte decree of divorce dated 25.07.1992. But with the intervention of members of the family, a compromise was effected between the parties and both were remarried on 31.05.1994 and since then they were living together. It is alleged that on 29.05.1998, the testator executed a Will (Ex.PW3/A) in her favour and died on 04.01.2001 at Delhi.

(3.) IN support of her case, the appellant had examined herself as PW-1, Mohinder Wadhwa as PW-2 and Sudhir Kumar, Clerk from the office of Sub- Registrar, Kapashera, New Delhi as PW- 3. None of these witnesses were cross- examined as no one had appeared on behalf of the respondents. The Will was alleged to have been attested by Shyam Wadhwa and Jagdish Singh.