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2017 Supreme(Del) 3921

MUKTA GUPTA
S. ANIL DIP SINGH KALSI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Aman Nandrajog, Mr. Arjun Nanda, Mr. Sanjay Dua, Advs.
For the Respondent: Mr. Mohit Khanna, Adv.

JUDGMENT :

1. Whereabouts of Shri Ajit Singh Kalsi, R/o P-83, South Extension, Part-II were not known since 18th May, 2000 having been last seen on 17th May, 2000. Have not been heard for 7 years by those who would have naturally heard of him if he had been alive, in terms of Section 108 of the Indian Evidence Act, Sardar Ajit Singh Kalsi would be deemed to be dead on 18th May, 2000.

2. Sardar Ajit Singh Kalsi was survived by five sons namely Gurmeet Singh Kalsi, Ranbir Singh Kalsi, Anil Deep Singh Kalsi, Harpreet Singh Kalsi and Jasdeep Singh Kalsi, his wife Smt. Kamal Kalsi having pre-deceased him.

3. Jasdeep Singh Kalsi and Harpreet Singh Kalsi filed a Probate Case No.177/2007 claiming share in the property No. P-83, NDSE, Part-II as per the registered Will dated 21st December, 1987 before the learned District Judge. In the said probate case objections were filed by Anil Deep Singh Kalsi who also filed Testamentary Case No.57/2009 before this Court seeking probate of the Will dated 1st July, 1997 which was duly registered on 15th December, 1997 whereby Anil Deep Singh Kalsi was bequeathed the entire property of P-83, NDSE, Part-II.

4. In the Probate Case learned District Judge only












































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