VIDYA WATI Vs. STATE

JUDGEMENT

(1.) This is an appeal against the order of the District Judge dismissing a petition seeking grant of Letters of Administration under section 276 of the Indian Succession Act with the Will annexed in respect of the estate of Smt. Savitri Devi who died on 29th January 1978.

(2.) The appellants who were the petitioners submitted before the Distt. judge that they were not the preferential heirs of the deceased hut they claimed .their right only under the Will. This submission has been taken note of by the District judge in paragraph 11 of the impugned order.

(3.) The learned counsel for the appellants conceded that under section 276 on a petition seeking grant of letters of administration with the Will annexed the District Judge had to decide whether Smt. Savitri Devi duly executed the Will which was alleged to be her last Will that the alleged Will was duly attested in accordance with section 63 of the Succession Act: that the testatrix was in sound disposing mind at the time of the execution of the Will; that there was no undue influence and pressure exerted upon the fastatrix and that there are no suspicious circumstances. The District Judge in his order has expressed doubts about the question whether the Will was executed by Smt. Savitri Devi. He has also expressed doubt about the questions namely whether it was attested in accordance with the provisions of sec. 63 of the Indian Succession Act and also whether Smt. Savitri Devi was in sound disposing mind at the time of its execution. He has referred to other suspicious circumstances also and has come to the conclusion that he was not satisfied about the authenticity and genuineness of the Will and about the fact of the testatrix being of sound disposing mind at the time of execution of the Will. He, therefore, dismissed the petition.