The seriousness of forging a Will under Section 467 of the Indian Penal Code and the need for initiating prosecution if a Will is found to be forged.

I.A.10635/2017

Allowed, subject to just exceptions.

I.A.10633/2017 & 10634/2017

1. The petitioner has filed I.A.10633/2017 seeking restoration of the petition which was dismissed in default on 20th May, 2014. There is delay of 1199 days in seeking restoration for which the petitioner is seeking condonation in I.A.10634/2017.

2. Learned counsel for the petitioner submits that the petitioner is an illiterate person living in Bhagpat, U.P. and his counsel did not inform him the date of hearing of 20th May, 2014 and, therefore, he did not attend the Court on the said date. It is further submitted that his counsel did not inform the status report from 2014 to 2016 despite repeated requests and he engaged a new counsel in 2016 who inspected the record and filed the present application.

3. Before considering the aforesaid submissions, this Court would like to record the relevant facts of this case.

4. The petitioner claims to have been working as a caretaker for late R.G. Mundkar who expired on 13th October, 1995. On 02nd June, 2011, i.e., more than 16 years after the death of late R.G. Mundkar, the petitioner instituted this present petition seeking probate of the Will dated 25th August, 1988 whereby the deceased bequeathed the property bearing No.52, Vasant Vihar, New Delhi in favour of the petitioner.

5. This petition was listed before this Court on 03rd June, 2011 when this Court issued Court notice to the DCP, Delhi Police to conduct an inquiry.

The relevant portion of the order dated 03rd June, 2011 is reproduced hereunder:-

“1. The instant petition has been filed by the petitioner who claims to have been a caretaker of late Sh. R.G. Mundkar. Probate of an alleged Will dated 25th August, 1988 has been sought on the plea that he did not leave any Class I heirs upon his death on 13th October, 1995.

Before proceeding in this matter, it is necessary to examine the petitioner. The petitioner shall remain present for his examination in court on the next date, i.e. 6th July, 2011.

2. Issue court notice to the Secretary of the Government Servants Cooperative House Building Society, Kalyan Kendra, Paschimi Marg, Vasant Vihar, New Delhi to produce or cause to be produced in this court the entire record relating to the property bearing no.52, Vasant Vihar, New Delhi.

3. The Registry shall also issue a court notice to the DCP who is concerned with the Vasant Vihar Police Station enclosing a copy of the present petition. A direction is issued to the DCP concerned to cause an inquiry to be conducted.

4. Let notice be issued to the Land & Building Department of Govt. of NCT of Delhi.

5. Mr. Sanjay Poddar, learned standing counsel for the Land & Building Department is directed to accept notice. Let a copy of the petition be made available to him.

6. A direction is issued to the Secretary, Land & Building Department to ensure that possession of this property is protected till further orders of this court.” (Emphasis supplied)

6. On 06th June, 2011, Mr. Mohd. Ali, ACP of the Sub-Division of Vasant Vihar filed a preliminary report dated 1st June, 2011 according to which serious offences had been committed in respect of the property No.A-52, Vasant Vihar, New Delhi. The preliminary report raised serious doubts with regard to the genuineness of the Will dated 25August, 1988. The relevant portion of the said report is reproduced hereunder:-

“Status report

May it please your lordship.

Most respectfully and humbly, it is prayed that, vide order dated 03/06/2011, this Hon’ble court was pleased to issue directions to DCP of P.S Vasant Vihar area to conduct an enquiry in the abovesaid matter.

In this regard, it is submitted that, an enquiry in the matter was got conducted by SHO/PS Vasant Vihar, Delhi, supervised by the undersigned after getting instruction from DCP/South Distt.

Briefly stated that petitioner moved a petition before this Hon’ble Court for grant of probate of last will dated 25.08.1988, in respect of the asset of deceased late Sh. R.G. Mundkar s/o L