BHAGAT RAM Vs. BHAGAT RAM AND OTHERS

JUDGEMENT

(1.) Bhagat Ram son of late Ram Dhari Mal filed this petition under Section 276 of the Indian Succession Act for the grant of probate of the Will dated 6.2.1978 executed by his father Ram Dhari Mal son of Bicha Lal, who died on 8.5.1978. At that time, the deceased left behind three sons Bhagat Ram, Shiv Narain and Sat Pal, daughter Pisto Devi and widow Shanti Devi. This petition was contested only on behalf of Shiv Narain and Sat Pal, son of late Ram Dhari Mal. The daughter and the widow did not come forward to contest the same. However, the widow Shanti Devi died during the pendency of this petition. In the written statement filed on behalf of the said respondents, they denied that any Will was executed by Ram Dhari Mal, their father, on 6.2.1978. According to them the said Will (Ext. P.1) has come into light for the first time in 1986. Both the attesting witnesses are the near relations of Bhagat Ram petitioner. The Will does not bear the signatures of Ram Dhari Mal and is otherwise also surrounded by suspicious circumstances. It was also pleaded that all the property in the hands of Ram Dhari Mal was joint Hindu family property and his estates were ancestral and form coparcenary property. Thus, he was not competent to make a Will regarding that property.

(2.) On the pleadings of the parties, the following issues were framed -

(3.) In order to prove the execution of the Will, the petitioner Bhagat Ram produced both the marginal witnesses Radhey Shyam Singhal, PW.2 and Jai Bhagwan Goel, PW.3. He himself appeared as PW.1. In rebuttal, Shiv Narain respondent appeared as DW.1 and he also produced one Rulia Ram as DW.2 and Baij Nath as DW.3. In support of issue No. 2, the respondents produced one Piare Lal Garg. And this is the entire evidence on the record.