CHNADER BHAN DASS CHELA MAHANT Vs. STATE

JUDGEMENT

(1.) This is an application under Section 276 of the IndianSuccession Act, 1925, for grant of probate in respect of Will dated 15/12/1971executed by Mahant Manohar Dass. The facts giving rise to the application are asunder.

(2.) Mahant Manohar Dass died at Delhi, on 14/01/1978. During the lifetime of Mahant Manohar Dass the petitioner was taken as a Chela by him. By meansof a Will dated 15/12/1971, he appointed the petitioner who has filed theinstant application as an executor of the Will. To the instant application theobjections were filed by Ram Nath Dass who also claims to be the Chela of MahantManohar Dass, and also by Amar Singh, Karan Singh, 0m Prakash, Narender andParam Singh. The application is being contested by Ram Nath Dass. In the objectionsof Ram Nath Dass dated 7/08/1978 it is stated that Mahant Manohar Dass hadexecuted a Will in favour of the objector on 29/05/1945 and thereafter no other Willhad been executed by him in favour of any person. It is claimed that he is the onlyperson who is entitled to the estate of Mahant Manohar Dass. By order dated 1/01/1979 the following issues were framed :

(3.) Subsequently, on Septembers, 1980, an additional issue was framed havingregards to the objections filed by 0m Prakash and Narender. The additional issuewhich was raised is as follows :