Savitri Devi v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10909/2017 SAVITRI DEVI ..... Petitioner Through:

Mr Virendra Singh, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.05.2019 CM No.24756/2019 1.

The learned counsel appearing for the petitioner has filed the present application, inter alia, alleging that the Will of Late Shri Mahender Singh was forged.

2.

In this regard, it is relevant to state that the Will was not produced by respondent no.3 but by respondent no.1 from its official records. Therefore, this Court finds no reason to doubt the same. It was also explained to this Court that the said document is collected from army personnel as a part of the standard procedure, in accordance with the Army Order No.4/91. 3.

In view of the aforesaid Will, the petitioner's claim that a sum of ₹9,90,000/- be released by Army Group Insurance Fund in her favour was rejected. Clearly, the release of the said fund to the wife of the deceased cannot be withheld. However, since the petitioner seeks to challenge the said Will, it is clarified that the release of the funds by the Army Group

Insurance Fund to the wife of the Late Mahender Singh shall not preclude the petitioner from instituting an appropriate proceeding for challenging the said Will.

4.

The application is disposed of.

VIBHU BAKHRU, J MAY 22, 2019 MK