SATISH GOROWARA Vs. RAHUL ARORA

JUDGEMENT

(1.) Appellants Satish Gorowara and Sushma Sood have come up in this first appeal against order dtd. 17/12/2012 of the Court of learned Additional District Judge, Chandigarh whereby the Court below on the petition by the then petitioner Rahul Arora under Sec. 276 of the Indian Succession Act, 1925 (in short, 'the Act') had granted probate of the Will dtd. 22/7/1987.

(2.) Before venturing into the merits of the case of each of the parties, it is necessary to understand the factual background which has brought about this disenchantment between the family. In the light of arguments addressed before this Court by the counsel for the two sides and is well emancipated from the records, one Hans Raj out of his wedlock with Tara Rani gave birth to two sons namely Baldev Raj and Tilak Raj, and two daughters namely Kamal Malhotra and Parmodh Sarin. Baldev Raj is reported to have died on 16/7/1996 and left behind his widow Satish Gorowara present appellant. Tara Rani is stated to be the owner of the property in question on the strength of sale deed dtd. 12/2/1962 and is alleged to have, as per the claim of the original petitioner grandson Rahul Arora, executed an unregistered Will dtd. 22/7/1987. It needs to be mentioned here that earlier, over a gift-deed dtd. 17/4/1971 the income tax authorities vide order dtd. 15/12/1978 had set aside the same and which side of the litigation is not essential to be considered here. It is also not essential to bring about that Ramna Kohli grand-daughter had filed cases against her grandparents as well.

(3.) Petitioner Rahul Arora claimed that being grandson of Tara Rani out of love and affection she had made this bequeath before passing away on 23/7/1991 and being the sole legatee was entitled to inherit the bequeath and hence the relief in question.