JEEWAN KUMAR KHANNA Vs. GENERAL PUBLIC AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment, dated 01.09.2015, passed by the Court of learned Additional District Judge-II, Shimla in Probate Petition No. RBT-3-S/2 of 2014/11, vide which, learned Court below has dismissed the Probate Petition so filed by the present appellant.

(2.) Brief facts necessary for the adjudication of the present appeal are that the appellant/petitioner (hereinafter referred to as 'the petitioner') filed a Probate Petition for probate of Will dated July 1984 executed by his mother late Smt. Ram Chameli Khanna, widow of late Sh. Badri Nath Khanna in favour of the petitioner. As per the petitioner, his mother late Smt. Ram Chameli Khanna died on 30.03.2011. In her lifetime, she had executed her last will in the month of July, 1984, which was duly registered by her in the office of Sub-Registrar, Shimla on 26.06.1985. By virtue of the said Will, late Smt. Ram Chameli Khanna had bequeathed her entire immovable and movable properties and other tangible assets left by her at the time of her death in favour of the petitioner, who was to hold the said property in his capacity as an absolute owner thereof. It was further mentioned in the petition that at the time of her death, Smt. Ram Chameli Khanna was residing with the petitioner at Lower Bazaar Shimla. It was further stated in the petition that the Will was executed by Smt. Ram Chameli Khanna in a sound state of mind out of her own desire and without any pressure. Present respondents, who were impleaded as respondents No. 2 and 3 in the Probate Petition and who happen to be the real sisters of the petitioner and daughters of deceased Smt. Ram Chameli Khanna, were stated in the petition not to be entitled to the immovable as well as movable properties of lat Smt. Ram Chameli Khanna.

(3.) As per records, respondent Smt. Anita Khanna was proceeded against ex parte, as she did not appear before the learned Court below, whereas probate petition was contested by respondent No. 2.