LEKH RAJ Vs. GENERAL PUBLIC AND OTHERS

JUDGEMENT

(1.) On the death of Kamal Singh @ Kamla on 3.4.1986, LekhRaj, his son-in-law filed an application for grant of probate on the basis of the unregistered Will Ex.P1/1 dated 31.3.1986. The trial court declined to accept the Will and refused to grant probate.

(2.) The respondent Satbiri daughter of Kamal Singh @ Kamla and Bharto contested the alleged Will on the ground that she is the widow of Kamal Singh @ Kamla; the alleged Will was forged and fabricated document. The deceased being an old man, used to remain ill and was admitted in several hospitals in Delhi in the month of March, 1986. The doctors who had attended him had lost hope for his survival. Consequently, he being on the verge of death was not of sound disposing mind to execute the said Will. He was also given blood transfusion and was lastly admitted in private clinic at Palwal where he breathed his last. The petitioner, in order to deprive the natural heirs of their succession in the property, forged the said Will. The Will is surrounded by suspicious circumstances inasmuch as he never served the deceased. He was served by his brother's wife and the son of the brother's daughter, who were residing with him in the village.

(3.) It has been further averred that wife of the petitioner as well as Satbiri used to visit the deceased in the village from time to time and had been rendering services to him in his old age. The respondent Bharto stated that she is widow of the deceased Kamal Singh @ Kamla. Earlier she was legally wedded wife of Jai Pal, who died in the year 1965 and thereafter, she performed kareva marriage with Kamal Singh @ Kamla. She has been taking care of Kamal Singh and was in possession of his residential house and the plot. She has also taken the similar plea while stating that Kamal Singh @ Kamla was a serious patient and was admitted in several hospitals in Delhi in the month of March, 1986. The doctors had refused to treat him saying that he could not survive.