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VALMIKI J.MEHTA
Ashwani Kumar Aggarwal – Appellant
Versus
B. K. Mittal – Respondent
Valmiki J. Mehta, J.—This first appeal is filed under Section 299 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’) impugning the judgment dated 7.1.2012 by which the probate court below has granted probate with respect to the Will dated 3.2.1991 of late Sh. Brij Kumar.
2. A reading of the impugned judgment shows that admittedly the original Will has not been filed on record by the petitioner in the court below namely Sh. B.K. Mittal, and who is the respondent herein. The question is that could the probate court below in the absence of the original Will in the facts of this case have granted probate only of a photocopy of the Will.
3. On the aspect of grant of probate of not the original but only a copy of the Will, it will be necessary to refer to Section 237 of the Act. This section reads as under:-
“Section 237. Probate of copy or draft of lost Will.-When a Will has been lost or mislaid since the testator’s death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the Will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated
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