Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil),
3688
of 2017,
Judgment Date: May 19, 2020
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3688 OF 2017
KAVITA KANWAR. ......Appellant(s)
Vs.
MRS. PAMELA MEHTA & ORS. .......Respondent(s)
JUDGMENT
Dinesh Maheshwari, J.
INTRODUCTION WITH BRIEF OUTLINE
1. This appeal by special leave is directed against the judgment and order dated 27.06.2014 in FAO No. 36 of 2010, whereby the High Court of Delhi at New Delhi has dismissed the appeal preferred by the present appellant and has affirmed the judgment and order dated 23.11.2009 as passed by the Additional District Judge, West District, Tis Hazari Courts, Delhi in Probate Case No. 465 of 2006, resulting in rejection of the appellant’s prayer for grant of probate in relation to the Will dated 20.05.2003, said to have been executed by the mother of the contesting parties.
2. The prayer of the appellant for grant of probate in relation to the Will in question has been declined concurrently by the Trial Court and by the High Court essentially after finding several unexplained suspicious circumstances surrounding the Will in question. Being aggrieved, the petitioner-appellant, who was appointed as the executor of the Will in question and who was, admittedly, the major beneficiary thereunder, has preferred this appeal while maintaining that execution of Will by the testatrix with due compliance of all the requirements of law has been clearly established on record and there has not been any such suspicious circumstance which might operate against the genuineness of the Will in question.
Full Judgment
