GIAN PARKASH MALIK Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Deceased Ganga Dhar Malik, died on 12.11.1989 at House No. 184, Sector 11-A, Chandigarh. During his lifetime, he has made his last Will, which is Exhibit P-1 in the presence of S. Beant Singh and Shri Rajinder Kumar Chhibbar, Senior Advocate, who are both attesting witnesses of the Will, bequeathing residential House No. 184, Sector 11-A, Chandigarh to his son, Dr. G.P. Malik and all other movable and immovable property including land measuring two acres in village Bhaniani, Tehsil and District Rohtak, a plot in NOIDA, one house No. B- 3/417, Sector Vikram Gomti Nagar, Lucknow, gold ornaments, clothes and cash in bank/post office accounts to his wife, Shrimati Sharda Malik, Dr. G.P. Malik, beneficiary of the Will, Exhibit P-1, has filed in this Court, Probtate Case No. 5 of 1995 for the grant of Letters of Administration to him for administration of the estate of the deceased with a copy of the Will, annexed thereto. Notice of the petition was given to the heirs of the deceased whose particulars are mentioned in para 4 of the petition. Shri Rajinder Goel, Advocate, who appeared on their behalf, has stated at the bar that they do not want to oppose the petition and have no objection if letter of administration is granted in favour of the petitioner. Notice addressed to the general public was also got published in the Newspaper. None has turned up to oppose the petition.

(2.) The questions arisen for consideration which formulated on September 18, 1995 read as follows :

(3.) Due execution and attestation of the Will dated 24.12.1988 has been proved by Shri Rajinder Kumar Chhibbar, Senior Advocate, who has stated as under: