Signature Not Verified Digitally ... vs In Item No. 129. Dr. Kedar Nath Tripathy & ... on 3 May, 2023
13. In his objections, respondent no. 2 averred that the deceased Sh. Bhola
Kumar never executed any unregistered Will dated 02.07.2004 in regard to the
property bearing No. D-255/256, D-Block, Gandhi Vihar, Delhi-110009. It is
stated that the alleged Will is forged and fabricated by the petitioner in collusion
and conspiracy with persons who appended their signatures on it as witnesses
and some property dealers of the locality of Gandhi Vihar, Delhi to usurp the
property in question. It is alleged that the deceased had no connection with
Varanasi where the Will has been allegedly stated to be executed. The deceased
continued to live with his family comprising of his elder son and his children
after retirement. He breathed his last at his native place, and a photocopy of
photograph taken just after his death shows only the family members of
Respondent No. 2 and not the petitioner. Signature of late Sh. Bhola Kumar
must be sent for forensic investigation. Further, after death of late Sh. Bhola
Kumar, an affidavit was submitted to his employer Indian Oil Corporation,
Barauni for refund of annuity which has no mention of any Will and both the
sons have signed it as his legal heirs. It is further alleged that the property in
PC No.42296/16 Sanjay Kumar @ Sanjay Singh vs State of NCT of Delhi & Anr. Page no.7/22
question was a self-acquired property of late Sh. Bhola Kumar purchased by
him by investing his own money with the sole purpose that his family members
should not face any difficulty while residing in Delhi and for the same purpose
he constructed two more floors on it. All the family members used to use, enjoy
and share all the floors like a joint property whenever they were in Delhi. It is
denied that the petitioner was ever in exclusive possession of the property in
question. The petitioner was served a legal notice dated 16.08.2014 objecting to
his stay in the said property and demanding share of rent but he did not give any
share. The deceased died after prolonged illness and was fully taken care of by
Respondent No. 2. The deceased was a literate and knowledgeable person who
got the purchase documents registered but the will was not registered and this
points towards the fact that will is a forged and fabricated document. The
deceased died intestate and the estate left by him has devolved on all his legal
heirs under Hindu Succession Act.