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2013 Supreme(Del) 96

SANJAY KISHAN KAUL, INDERMEET KAUR
SUBHASH NAYYAR – Appellant
Versus
REGISTRAR, UNIVERSITY OF DELHI – Respondent


Advocates:
Advocate Appeared:
Mr. Kirti Uppal, Sr. Adv. with Mr. S.K. Chaudhary, Adv.
Mr. A.P.S. Ahluwalia, Sr. Adv. with Ms. Beenashaw N. Soni, Ms. Manimala Roy & Mr. S.S. Ahluwalia, Advs. for R-1. Mr. Manu Nayar, Adv. for R-2 to 5. Mr. M.A. Niyazi & Mr. Sanjay Sood, Advs. for R-6(a) to 6(c).

Judgment

INDERMEET KAUR, J.

1. Both these appeals have impugned the order dated 06.10.2009 whereby the probate petition filed by the University of Delhi/petitioner/executor of the Will dated 13.03.1974 (hereinafter referred to as the University) of the testator Roshan Lal had been decreed in its favour.

2. Record shows that Roshan Lal (hereinafter referred to as the testator) had executed his last will and testament dated 13.03.1974. This document has been proved as Ex. PW-1/1. It bears the signatures of the testator Roshan Lal. In the column of witnesses, three names have been mentioned; first two names are neither legible and nor decipherable. It was for this reason that even the list of witnesses filed by the respondent on 07.04.2001 contains the name of Madan Lal Kapoor alone to prove the Will whose name finds mention at serial No. 3. In terms of Ex. PW-1/1, the testator had described himself as the absolute owner of Cottage No. 13, West Patel Nagar, New Delhi comprising of 10 shops and a three room residential portion. The recitals contained in the Will are to the effect that after his death his wife Seeta Devi during her lifetime will continue to live and be in possession of th





































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