A.K.SIKRI, AJIT BHARIHOKE
Desh Raj Gupta – Appellant
Versus
State – Respondent
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
Apoline D'Souza v. John D'Souza (2007) 7 SCC 225
Bharat Singh and Anr. v. Bhagirathi AIR 1966 SC 405
Chandra Majumdar v. Akhil Chandra Majumdar AIR 1960 Cal 551
Gomtibai v. Kanchhedilal AIR 1949 PC 272
H. Venkatachala Iyen gar v. B.N. Thimma Juumma AIR 1959 SC 443
Jagdish Lal Bhatia and Others v. Madan Lal Bhatia and Anr. FAO No. 874 of 2003
Judah v. Isolyne AIR 1945 PC 174
Madhukar D. Shende v. Tarabai Aba Shedge AIR 2002 SC 637
Naresh Charan Das Gupta v. Paresh Charan Das Gupta and Anr. AIR 1955 SC 363
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