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2010 Supreme(Del) 361

MANMOHAN SINGH
B. S. Oberoi – Appellant
Versus
P. S. Oberoi – Respondent


Advocates appeared:
Mr. Sandeep Sethi, Sr. Adv. with
Mr. Raman Kapur, Mr. Manish
Kumar, Mr. Amit Kumar and
Mr. Nitin Bhatia, Advs.
Mr. Sudhir Nandrajog, Sr. Adv. with
Mr. Jasmeet Singh and Mr. Saurabh
Tiwari, Advs. for D-1
Mr. H.S. Phoolka, Sr. Adv. with
Mr. Sharat Kapoor and Mr. Kanwar
Faisal, Advs. for D-3
Mr. Rajiv Nayar, Sr. Adv. with Mr.
Tejas Karia, Adv. for D-9 to 12
None for other defendants

JUDGMENT :

MANMOHAN SINGH, J.

1. The present suit pertains to the estate of late Mr. Bakshi Shiv Charan Singh, Advocate who died on 14.1.1993. He left a Will dated 09.01.1974 which was witnessed by Justice Prakash Narain, a sitting Judge of the Delhi High Court at the relevant time and Justice M.S. Joshi, who, at that time was the Registrar General of Delhi High Court and became a Judge thereafter.

2. The probate proceedings of the Will were instituted in 1996 by which time Justice Prakash Narain had passed away, however, the other witness Justice M.S. Joshi was examined as a witness in the probate proceedings. Justice Joshi, in his examination, testified that the Will was witnessed by him and Justice Prakash Narain and the testator, Mr. Bakshi Shiv Charan Singh had signed on the Will in the presence of both of them.

3. In the said Will dated 09.01.1974, Mr. Bakshi Shiv Charan Singh bequeathed his property Nos.22 and 23, Friends Colony (West) and property No.7A Ring Road in favour of his elder son, Colonel Ravi Inder Singh.

4. In the Will dated 09.01.1974 the testator bequeathed a sum of Rs.10,000/- to his daughter, Mrs. Iqbal Oberoi, mother of the plaintiff. The copy of the sai











































































































































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