SANTOSH KUMAR Vs. HARKHAS AAM

JUDGEMENT

(1.) In this appeal under Sec. 384 of the Indian Succession Act, the appellant has challenged the order dtd. 6/7/2017 passed in Miscellaneous Succession Application No.21/2011 filed under Sec. 372 of the Indian Succession Act, whereby prayer for grant of succession certificate in respect of the property left by Khubi Ram, uncle of the appellant was refused. Claim of the appellant is based on a registered deed of Will said to be executed on 20/9/2003 by Late Khubi Ram, father of respondent No.2 and uncle of the appellant. The Will was registered on 24/9/2003 and Khubi Ram died on 27/9/2003.

(2.) Respondent No.2, Mithlesh is daughter of Late Khubi Ram. She appeared and contested the matter by stating that Khubi Ram had never executed any Will in favour of the applicant, rather applicant Santosh had committed forgery to claim and grab the pensionary benefits of Khubi Ram. Respondent No.2 asserted that Late Khubi Ram (her father) never expressed any desire that the benefits arising out of his service should go to Santosh (the appellant). She has specifically stated that Late Khubi Ram before his death never visited any Office rather in between the period of alleged execution of the Will and its registration Late Khubi Ram was hospitalized and respondent No.2 was taking his care.

(3.) The learned Court below refused the prayer on the ground that attesting witnesses on the Will were not examined during the proceeding, hence, the "Will" cannot be probated and accordingly refused succession certificate which was claimed on the basis of the Will.