RAMA Vs. MANGATINBAI

JUDGEMENT

(1.) The second appeal preferred by the appellants herein/defendants was admitted for hearing by formulating the following substantial questions of law:1

(2.) The following genealogical tree will demonstrate the relationship among the parties:1

(3.) Plaintiff1Mangtinbai, daughter of Shankar Lal, filed a civil suit on 26.4.2001 against her brother Rama1defendant No.1 and his three sons i.e. defendants No.2 to 4 stating inter1alia that the suit properties shown in Schedule 'A' and 'B' of the plaint situated at village Hedaspur & Town Mungeli, Tahsil1Mungeli were ancestral properties of his father Shankar Lal, who died in the year 1980 and her brother Motilal died issueless on 28.5.99, as such, she is entitled for 1/2 share in the suit property and the Will dated 7.5.1999 allegedly executed by Motilal in favour of defendants No.2 to 4 is null and void as at the time of death Motilal was suffering from paralysis and cancer and therefore, he did not make valid Will in favour of defendants No.2 to 4 on 7.5.1999 as he died on 28.5.99 and mutation made in favour of defendants No.2 to 4 is also not binding on the plaintiff.