K.C. BAJAJ Vs. SUDERSHAN KUMARI
LAWS(DLH)-2008-4-162
HIGH COURT OF DELHI
Decided on April 11,2008

K.C. Bajaj Appellant
VERSUS
SUDERSHAN KUMARI Respondents







JUDGEMENT

PRADEEP NANDRAJOG,J. - (1.)THE dispute in the above captioned appeal is between the family members/legal heirs of Late Smt. Krishna Devi Ahuja (hereinafter referred to as the testatrix).
(2.)THE genealogy tree of the family of Late Smt. Krishna Devi Ahuja is as under:-
Testatrix left the world of the living on 22.07.1982. Her husband had pre- deceased her, having died somewhere in the year 1967 or 1968.

(3.)ON 21.09.1987, Smt. Usha Bajaj (hereinafter referred to as the propounder) filed a petition under Section 276 of the Indian Succession Act 1925 seeking probate of a will dated 02.11.1977 purportedly executed by the testatrix. Inter alia, to establish that the will was validly executed by the testatrix attention of the court was drawn to the contemporaneous conduct of the testatrix vis-a-vis the contents of the will. It was pleaded that during her lifetime the testatrix had already implemented a substantial part of the bequest by transferring to the named beneficiaries what was intended to be transferred after her death. It was pleaded that the property at Bombay which was bequeathed in favour of the propounder was transferred by the testatrix during her lifetime in name of the propounder. Likewise, in her lifetime the testatrix gifted the gold ornaments which were bequeathed in favour of the daughter of the propounder Ms. Ameeta Bajaj to her.


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