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2008 Supreme(Del) 275

PRADEEP NANDRAJOG
Rohtas Singh – Appellant
Versus
Jaswant Singh – Respondent


Advocates Appeared:
Mr. R.M.Aggarwal, Advocate
None.

PRADEEP NANDRAJOG, J.

1. The question involved in the present appeal is whether the will dated 6.10.1989 is the last legal and valid testament executed by late Sh. Than Singh.

2. Late Sh. Than Singh (hereinafter referred to as the testator) who died on 15.1.1991 was survived by his widow Smt. Birina Devi, 3 sons namely, Sh. Rohtas Singh, Sri Bhagwan and Jaswant Singh and 1 daughter Smt. Sham Devi.

3. On 19.4.19991 Rohtas Singh filed a petition under Section 276 of the Indian Succession Act 1925 seeking probate of the will purported to have been executed by Than Singh on 6.10.1989. He was the principal beneficiary under the will.

4. The will dated 6.10.1989, Ex. P-1, is a computer typed document and consists of 6 sheets. It has been typed in English language. It bears the thumb impression of the testator on each page. It is a registered document.

5. The will, Ex. P-1, has been witnessed by one Sh. Devender Kumar Sharma, Advocate and one Sh. Naresh Kumar Verma, Advocate.

6. In the will it has been stated that while executing the will the testator is revoking an earlier will executed by him on 21.8.1986, Ex.OW4/1. Reason given in Ex.P-1 for revoking the will dated 21.8.1986 and be


























































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