PREM MOHINI GUPTA Vs. KAILASH CHANDER GUPTA

JUDGEMENT

(1.) Present appeal is directed against the judgment, dated 22.4.1994, of the learned District Judge (Forests), Shimla, whereby Appellant's petition, under Section 276 of the Indian Succession Act, for grant of probate, in respect of Will dated 30.9.1986, allegedly executed in her favour by her mother Smt. Amar Kaur, has been dismissed with the findings that the execution of the Will is shrouded by suspicious circumstances and the petition suffers from delay and latches.

(2.) Facts relevant for the disposal of the appeal, may be noticed Appellant, who is one of the five sons and daughters of late Smt. Amar Kaur, filed an application under Section 276 of the Indian Succession Act, seeking grant of probate in respect of Will, allegedly executed in her favour, by her mother Smt. Amar Kaur, whereby the entire estate of said Smt. Amar Kaur has been bequeathed to her (the Appellant). It was alleged in the application that the deceased executed a Will on 30th September, 1986, thereby bequeathing her property worth Rs. 15 lacs approximately, in favour of the Appellant. It was also alleged that Smt. Amar Kaur died on 15th January, 1987, and the Appellant being the sole executor of the Will, was entitled to the grant of probate. Four siblings of the Appellant, namely Kailash Chander Gupta and Surinder Pal Singh, her brothers and Smt. Sarabjit Kaur and Kiranjit Kaur, her sisters, were impleaded as Respondents, besides the general public.

(3.) Respondent Kailash Chander Gupta and Smt. Kiranjit Kaur, in their separate written replies, admitted the claim of the Appellant Smt. Sarabjit Kaur did not put in appearance and was, therefore, proceeded against ex parte.