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2005 Supreme(Del) 279

PRADEEP NANDRAJOG
PREM PRAKASH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
INDERJIT SHARMA, K.S.SIDHU, V.K.MAKHIJA

PRADEEP NANDRAJOG, J.

( 1 ) PETITIONER, who is the son of the brother of late Sh. Sudershan Lal, seeks probate of a Will dated 15. 6. 1984 alleging that the Will is the last legal and valid testament of Sh. Sudershan Lal. Opposition to the Will is by the sisters of the deceased. Admitted position between the parties is that the deceased was a bachelor. He died on 1. 2. 1987.

( 2 ) THE Will purports to be registered with the Sub-Registrar as Document no. 1975, Volume No. 399 at page No. 26; registration being after the death of Sh. Sudershan Lal. Date of registration is 8. 5. 1987.

( 3 ) THE Will, Ex. PW-1/2 purports to be witnessed by one Sh. Kulbhushan and one Sh. Pehlad.

( 4 ) TO prove the Will, Kulbushan has been examined as PW-2. Pehlad, having died before evidence was recorded, could obviously be not examined as a witness. However, petitioner has filed certified copies of deposition of Pehlad recorded in a civil proceeding in the court of Smt. Sunita Rani, Civil Judge, Delhi.

( 5 ) DEPOSITION of Pehlad in the suit aforesaid was sought to be brought on record in the present proceedings by and under I. A. No. 331/05. Certified copy of the deposition by Pehlad has been filed alon


































































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