GIRIJA PRASAD TIWARI Vs. RAMAPATI TIWARI

JUDGEMENT

(1.) The inherited wealth and that too not in the direct line of succession is the bone of contention as the substratum of the dispute inter se the parties.

(2.) No doubt, insofar as the present proceedings are concerned, the issue arises from an endeavour to register a Will after the demise of the testator.

(3.) There are two Wills sought to be propounded by two nephews, the concerned husband and wife having passed away without children. One is the Will dtd. 20/2/1979 and the other is dtd. 11/3/1979 executed by Late Smt. Ram Lalli Devi -former in favour of Ramapati Tiwari and the latter by in favour of the appellants. The legal position which would emanate would be dependent on the respective parties propounding the Wills being able to prove the Wills in accordance with law. If either of the Wills is not proved, the inheritance would go by the other Will. If both the Wills are proved, then the latter will prevail and if both Wills are not proved, then the property would go by succession. That is how apart from these two parties, the respondent No.4 who is ex-parte in the present proceedings, also becomes a stake holder. On our query, the answer shows that the respective parties have taken out different proceedings. Thus, a suit No.186/2010 is pending before the Civil Judge, Fast Track Court, Allahabad filed by the contesting respondents before us where both the Wills have been placed and the parties would seek to establish the different Wills.