MRS. JAMUNA MOORJANI Vs. STATE

JUDGEMENT

(1.) THE present proceeding seeks probate of Will of late Sh. Hari Ram Shivlani (hereafter called "the testator"), executed on 03.05.1993. The Will has been exhibited as Ex. P -2.

(2.) THE petitioner is the daughter and one of the legal representatives of the testator, who is pre -deceased by his wife, Smt. Savitri Devi on 25.06.1990. The testator had five issues, i.e. the petitioner and Respondent Nos. 2 to 6. It is submitted that the testator bequeathed his immovable properties to the petitioner and all his other daughters, i.e. Respondent Nos. 2 to 5. The testator's son - Sh. Jai Prakash Shivlani arrayed as the sixth respondent was a limited beneficiary under the Will though he was not entitled to any immovable property or share in it.

(3.) AFTER notice was issued to the other parties/relatives, Respondent Nos. 2 to 5, who are the petitioner's sisters, caused appearance to be entered before the Court and filed affidavits on 15.03.1995, recording their no -objection; these no -objections were in the form of written statements duly supported by affidavits. Since one of the attesting witnesses was untraceable, and the other, Sh. N.K. Jha expired during the proceedings, the petitioner examined Sh. Kailash Narain, who deposed on affidavit, on 30.11.2009. The same was tendered on 01.12.2009. The witness, PW -2 stated that the Will (Ex. P -2) had been signed by the testator in his presence. PW -2 identified the signatures of the testator; he also deposed that the same was signed in the presence of two witnesses, Sh. N.K. Jha and Sh. M.N. Rakheja in his presence and that all of them, i.e. he and the two attesting witnesses had signed on the Will in the presence of each other.