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2010 Supreme(Del) 1126

A.K.SIKRI, AJIT BHARIHOKE
Desh Raj Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. Anoop G. Chaudhary, Sr. Advocate and Mrs. June Chaudhary, Sr. Advocate with Mr. Manish Vashisht, Mr. Sameer Vashisht and Ms. Aashita Yadav, Advocates for the Appellant.
Mr. A.S. Chandhiok, Senior Advocate with Mr. Vikas Dhawan, Mr. Abhimanyu and Ms. Anita Lal, Advocates for the Respondent No. 2.
Mr. Manish Kumar, Advocate for the Respondent Nos. 5 & 6.

A.K. Sikri, J.

1. The genuineness and validity of purported Will dated 28.02.1985 got registered on 29.05.1985 of Lala Hansraj Gupta, Ex. Mayor of Delhi is the subject matter of the present appeal. After the death of Lala Hansraj Gupta (hereinafter referred to as `the testator') on 03.07.1985, the appellant (one of his sons) filed the probate case No. 62/1985 in October, 1985, propounding that Will. Some other legal heirs had challenged the veracity thereof. The learned Single Judge has returned his findings holding that the purported Will, in his opinion, is not a genuine Will which has resulted in the dismissal of the probate petition. Assailing that judgment, present appeal is preferred by the appellant.

2. The testator had a family consisting of wife, four married sons and two married daughters. Names of his children and few grand children are mentioned in the opening part of the Will. Family chart is as under:

"Family Chart

Lala Hans Raj Gupta (died on 3rd July, 1985)

Des Raj Shiv Raj Rajendra Mahendra Angira.

Gupta Gupta Kumar Gupta Kr. Gupta Gupta

....(Son)S1 (Son)s2 (Son)S3 (Son)S4 (Wife)

Ravi Raj ....Sanjay .....Arti Avanti Geeta Kirti

Uday Raj

...Jayant

(Grandson) ..(Grandson) ...(G

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