SUMITRA DEVI Vs. STATE

JUDGEMENT

(1.) THIS first appeal is filed under Section 299 of the Indian Succession Act, 1925 impugning the judgment of the probate court by which the petition for letters of administration filed by the appellant with respect the Will dated 5.2.2008 of her late adoptive father Sh. Lakshman Singh has been dismissed.

(2.) A reading of the impugned judgment shows that the following salient facts have rightly persuaded the court below to dismiss the petition:

(3.) IN my opinion, both the aforesaid reasons given by the court below are sufficient for dismissal of the probate petition and I may note that the respondents had relied upon a registered Will dated 7.6.2007 executed by the deceased testator in favour of his son, respondent no. 4 before the court below , though of course that aspect was not material to be proved because the issue in the petition was with respect to validity of the Will dated