Sunita & Ors. vs Deepak & Anr. on 13 October, 2017
(67) It has come on record that the petitioner along with both
attesting witnesses and Late Smt sunita, who was earlier one of
the petitioners, in the present petition, were present with the
deceased, at the time of execution of the Will in question.
Petitioner and Late Smt Sunita (deceased petitioner) are the only
benficiaries in the Will in question. The attesting witness/Smt
Manju is the wife of petitioner/Sh. Narender, to whom share in
the property in question has been given by the deceased, in the
Will in question. PW2/Ms. Manju is an interested witness to
support the case of petitioner as her husband/petitioner will get
50% share of the property in question. Therefore, it is held that
PC No 5-17 Sunita & Ors Vs State & Anr. 25/27
the testimony of PW-2 is not reliable.