SAYAR KUMARI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 222 of the Indian Succession Act seeking grant of probate of a Will dated 5th January 1985 (hereafter "the last Will") executed by Smt. Bhanwari Devi (the testatrix), who died in Delhi on 10th March 1985.

(2.) SMT. Bhanwari Devi was the wife of late Shri Johri Mai Bengani. Shri sagar Mai was their only son and Smt. Bhanwari Kanwari was his wife. Amrao Singh was Sagar Mal's only adopted son i. e. the testatrix's grandson the petitioner Sayar Kumari was Amrao Singh's wife; Meeta was the daughter of Amrao Singh and Sayar Kumari i. e. the testatrix's great grand-daughter. In the said last Will mention was made of the fact that sagar Mai lived with Sushila Devi and Sanjay Bengani also lived with them; that Sagar Mai had been living separately for many years and only bhanwari Kanwari, Sayar Kumari and Amrao Singh looked after the testatrix. In the last Will the testatrix stated that she "had given plenty to sagar Mai of my free will and he also took forcibly from me. I do not wish to give him anything. Therefore, after me Sagar Mai will have no right over my property. " In terms of the said last Will Rs. 1,25,000/- in cash was to be given to Jain Vishwa Bharti, the jewellery divided equally between Sayar kumari and Meeta. The Kashmere Gate property and "any other money or property whatever there be" were to be given to Amrao Singh. The petitioner sayar Kumari was named as the Executor.

(3.) BY an order dated 16th May 1985 the petition was directed to be registered, notice was directed to be issued to the State and to the legal heirs of late Bhanwari Devi as mentioned in para 4 of the petition. It was directed that the citation should appear in the newspaper "the Statesman. " This court was shown the citation published in the Statesman dated 22nd June 1985 indicating the date before the Court as 17th August 1985. On 19th september 1985 learned counsel for Sagar Mai Bengani, the son of late Smt. Bhanwari Devi, informed the Court that he would be filing objections. On 5th December 1985, this Court directed the Objector Shri Sagar Mai bengani to appear in person on 29th January 1986 for recording his statement.