VALMIKI J. MEHTA, J (ORAL)

1. This Probate Petition seeks probate of the Will dated 21.8.1973 of late Sh. Narinjan Dass Rikhy. The beneficiary under this Will is Jagdeep Singh Rikhy son of Sh.Jasjit Singh Rikhy. Sh.Jasjit Singh Rikhy is the son of late Sh. Narinjan Dass Rikhy, i.e. the beneficiary under the Will was the grandson of late Sh.Narinjan Dass Rikhy. The petition was originally filed by Sh.Jasjit Singh Rikhy as Sh. Jagdeep Singh Rikhy – the beneficiary, was a minor at the time when the petition was filed. Sh.Jagdeep Singh Rikhy thereafter became major during the pendency of the case and he therefore was substituted in place of his father Sh. Jasjit Singh Rikhy.

2. The disputes between the parties as regards the Will have arisen because the Will bequeaths the immovable property namely Plot No.15, Street No.5, Shanti Niketan, Tula Rao Marg, New Delhi, admeasuring about 1000 sq.yds. to the petitioner only. As per the Will one son and one daughter namely Sh. Manjit Singh Rikhy and Smt. Harjit Kaur (the two objectors) have been disinherited totally and one widowed daughter-Mrs. Kuljit Raghbir Singh was given a limited right to reside in her lifetime in the rear portio