NARAIN SINGH ETC. Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment dated 15.5.2007 passed by the learned Additional District Judge, Delhi by virtue of which the letter of administration was granted in favour of respondent No.2, Jagdish Chand (hereinafter referred to as Jagdish Chand) in respect of Will dated 22.10.1973 exhibit A-1 purported to have been made by deceased Nathu Singh.

(2.) Briefly stated the facts as given in the impugned judgment of the learned Additional District Judge are as under :-

(3.) In the rejoinder the averments made in the petition were reaffirmed and those in the written statement were denied. It was denied that the property bequeathed in favour of the petitioner was a joint Hindu family property because as per the statement of respondent Jaswant Singh deceased sold the properties in favour of several persons and executed general power of attorneys and other relevant documents in favour of third parties while selling the properties. The properties were the self acquired properties of Nathu Singh. In the year 1950 Nathu Singh, out of his self acquired properties in Kotla Mubarakpur executed three gift deeds in favour of his sons. The gift was accepted by this respondent also admitting that his father was the absolute owner of the property. All the three sons were separately assessed to income tax. The properties were also gifted to his daughters by the deceased.