suit property has devolved upon the Plaintiff by virtue of the unregistered Will
dated 22.05.2019 executed by his father i.e., late Sh. Satish Kumar ... owner of the suit property by virtue of the
said unregistered Will dated 22.05.2019. In order to substantiate the above
said averment the Plaintiff
Hardwari Lal Verma ('original owner'), who had executed an unregistered
Will dated 16.06.1984 ('unregistered Will') in favour of Mr. Jan Alam ... related to the original owner and states that the said unregistered
Will was executed by the original owner out of love and affection
grant of Probate
on a photocopy of an unregistered Will dated 01.11.2023 purported to have
been executed by late Ms. Sangam Sharma ('Testatrix ... surrounding the Will has been inadequately discharged in the petition.
47. Moreover, the alleged Will is merely a photocopy and is unregistered.
It is admitted
debentures, held in favour of the deceased, had
devolved through an unregistered Will dated 15th February 2021 in
favour of D2.
9. Confronted with this ... Sale Deed regarding the said
property as well as the unregistered Will were false and fabricated and
should be declared null and void.
10. Accordingly
petition, stating that the aforesaid Will was not the last Will
of the testator. They instead produced an unregistered Will dated
28.11.1990, which bequeaths ... Will.
18. The Trial Court also rightly emphasized that the Will dated
03.03.1989 was a registered document, which specifically revoked an earlier
registered Will
basis of forged affidavits and a forged unregistered will
dated 19.01.1991 of the father.
The cause of action further arose when the plaintiff ... creating forged and fabricated
affidavit/s and the father unregistered will dated 19.01.1991 and
filing the same before the L&DO for getting
right
under a Will except in case the Will is under challenge.
7. Learned senior counsel submits that since the Will has never
been challenged ... dated 08.08.2011 to contend that in the cases of beneficiaries of
unregistered Will either no objection certificate is to be furnished by
all the legal
apparent case of the plaintiff stems from the unregistered Will dated 6.8.90 whereas the defendant No. 5 Mohini, the daughter of late Sh. Kartar Singh ... last Will that prevails Section 62 provides as under:
32. Will may be revoked or altered :-
A will is liable to be revoked or altered
plaintiffs had instituted a suit for partition based on a subsequent unregistered Will, based
on which the plaintiffs, claimed a larger share in the estate ... that the plaintiffs had filed an application for referring the unregistered Will
which was the basis of their claim to a handwriting expert for comparison
stated in his written statement dated 13.12.2017 that there
was an unregistered Will dated 12.07.2016 drawn by father of the
parties, by which their father ... their father revoked his earlier registered Will dated
05.09.2014 by a subsequent Will dated 12.07.2016, which was
unregistered, by which he had bequeathed the properties
