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2022 Supreme(P&H) 1583

FATEH DEEP SINGH
Satish Gorowara – Appellant
Versus
Rahul Arora – Respondent


Advocates appeared:
Mr. Kshitij Sharma, Advocate, for the Appellant; Mr. Amit Jain, Senior Advocate with Mr. Varun Prakash, Advocate, Mr. Gaurav Gogna, Advocate for, Mr. Gaurav Mohunta, Advocate, Ms. Parminder Kaur, Legal Aid Counsel, for the Respondent.

JUDGMENT

Fateh Deep Singh, J. - Appellants Satish Gorowara and Sushma Sood have come up in this first appeal against order dated 17.12.2012 of the Court of learned Additional District Judge, Chandigarh whereby the Court below on the petition by the then petitioner Rahul Arora under Section 276 of the Indian Succession Act, 1925 (in short, 'the Act') had granted probate of the Will dated 22.07.1987.

2. Before venturing into the merits of the case of each of the parties, it is necessary to understand the factual background which has brought about this disenchantment between the family. In the light of arguments addressed before this Court by the counsel for the two sides and is well emancipated from the records, one Hans Raj out of his wedlock with Tara Rani gave birth to two sons namely Baldev Raj and Tilak Raj, and two daughters namely Kamal Malhotra and Parmodh Sarin. Baldev Raj is reported to have died on 16.07.1996 and left behind his widow Satish Gorowara present appellant. Tara Rani is stated to be the owner of the property in question on the strength of sale deed dated 12.02.1962 and is alleged to have, as per the claim of the original petitioner grandson Rahul Arora, executed

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