SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(Del) 88

USHA MEHRA
OM PARKASH SAHNI – Appellant
Versus
ISHAR DEVI – Respondent


Advocates Appeared:
A.P.Mahajan, L.B.Rai, P.K.BEHL, Ravinder Sethi

Usha Mehra, J.

( 1 ) SMT. ISHAR Devi sought probate of the will dated 8th May, 1970 executed by her late husband Shri Dhani Ram. On the presentation of probate petition, three of her sons out of six, namely, S/shri 0m Parkash, Ramesh Kumar and Narinder Kumar filed objections to the grant of probate in favour of their mother. The learned District Judge by the impugned order dated 19th January, 1987 dismissed the objections of her sons thereby holding that late Shri Dhani Ram was not of unsound mind. He was not in mental disturbance at the time of executing the will in question in favour of his wife. Learned District Judge further held that the execution of such a will was not unusual because the deceased bequeathed his property in favour of his wife to the exclusion of his sons. Moreover, the sons who filed the objections were well placed and their disinheritance by the deceased had not effected them financially. There may be a reasons for the deceased to disinherit them. That there was no suspicion circumstance appearing in the case which could caste doubt in the genuiness of the will . Objections with regard to the jurisdiction of the learned Court on the ground that a suit





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top