ANIL KAK Vs. KUMARI SHARADA RAJE

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against a judgment and order dated 18.05.2001 passed by a learned Single Judge of the Madhya Pradesh High Court at Indore dismissing two applications for grant of probate/ letters of administration with the copy of the annexed Will in respect of the assets of Late Maharani Sharmishthabai Holkar (hereinafter called as "the testatrix"), the widow of Late Maharaja Tukoji Rao Holkar, former ruler of the erstwhile Holkar State.

(3.) Maharaja Tukoji Rao Holkar died'on 21.05.1978 leaving behind four daughters, Sharada Raje Holkar, Sita Raje Ghatge, Sumitra Raje Dalvi and Sushila Raje Holkar. He had executed a Will on 27.11.1942 bequeathing all his properties in favour of the testatrix. Indisputably, a letter of administration had been granted in favour of the testatrix in respect of the Will dated 27.11.1942 made in her favour by her husband. Apart from the properties inherited by the testatrix from her husband, she had also her own Stridhan properties. She purported to have" executed a Will on or about 23.08.1978 in favour of Kumari Sharada Raje. She, however, allegedly executed another Will on or about 4.11.1992, by reason whereof, she purported to have revoked the Will executed by her on 23.08.1978 and/or the Codicil. She appointed one K.R.P. Singh and the appellant Anil Kak as joint executors. She also appointed Mr. T.N. Unni, her Chartered Accountant to assist the executors in administering and distributing the estate and executing the said Will. She categorized her properties in two parts, viz., Part A and Part B.