UJAGAR DIED Vs. MAHIMA

JUDGEMENT

(1.) In the instant appeal preferred by the appellants/defendants, the substantial questions of law found involved and formulated at the time of admission are as under: -

(2.) The following genealogical tree would demonstrate the relationship amongst the parties: -

(3.) Kulmani had two sons namely Girdhari and Ujagar. The plaintiff is daughter of Girdhari out of his wedlock with Sushila whereas Ujagar, S/o Kulmani, is defendant No.1 and his son is defendant No.2. Sushila had executed a Will dated 15-5-1995 (Ex.D-1) in favour of defendant No.2 bequeathing her exclusive property in favour of defendant No.2. Smt. Mahima - the sole plaintiff, filed suit that the Will executed by her mother in favour of defendant No.2 is illegal and void and sought declaration that she has half share in the suit property and also claimed ? 8,000/- per annum mesne profit from 1998-99.