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DELHI HIGH COURT
PRADEEP NANDRAJOG
Sardar Kesar Singh – Appellant
Versus
Sardar Harinder Pal Singh – Respondent


JUDGMENT

Pradeep Nandrajog, J. The dispute is between the sons of late Kartar Singh who died on 24.9.1997. The deceased appears to be a prosperous man evidenced by the fact that he left behind two residential houses bearing municipal No.57-A, Malviya Nagar, New Delhi and 57-B, Malviya Nagar, New Delhi.

2. Kartar Singh was survived by three sons and a daughter. Harinder Pal Singh, Pritam Singh and Kesar Singh are the three sons. Jasbir Kaur is the daughter. Though she, has stated that her father died intestate, Jasbir Kaur has chosen not to contest either the suit or the probate, for the reason in her written statement filed in the suit, she has stated that she does not want anything from the estate of her father which she desires to be distributed inter se her brothers.

3. Dispute essentially is between Kesar Singh and his two brothers Harinder Pal Singh and Pritam Singh. Whereas Kesar Singh alleges that his father never executed any will, case pleaded by Harinder Pal Singh and Pritam Singh is that their father executed two wills on 10.7.1991 followed by another will executed on 28.7.1995, According to them, all three wills were registered. By and under the will registered as

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