PAUL Vs. HYDRO POWER CONSTRUCTIONS

JUDGEMENT

(1.) O. P. (Pro.) No. 4550 of 1995 is a petition filed under S.276 of the Indian Succession Act (for short "the Act") praying for probate of the Will annexed with the petition as the last will of deceased K. P. Poulose. Petitioner is the son of the deceased and has filed the petition in his capacity as the executor named in the Will. In Schedules I &II to the petition, the petitioner has shown the assets (both movable and immovable) and debts of the deceased with the estimated value thereof.

(2.) In the O. P, the third respondent, a daughter of the deceased, has filed a detailed counter affidavit strongly opposing the prayer of the issuance of probate to the petitioner. The third respondent has contended that the Will is a rank fabrication made by the petitioner, respondents 1, 4 and their husbands with whom the petitioner has some understanding in sharing the estate of the deceased. She has disputed the correctness of the details of the assets and liabilities shown in the petition as well as the valuation statement submitted by the petitioner. The petitioner has filed a reply affidavit repudiating the contentions raised in the counter affidavit.

(3.) C. M. P. Nos. 15800, 30029 and 32508 of 1995 are petitions filed under R.152 of the High Court Rules praying for impleading the petitioners in the C. M. Ps. as additional respondents in the O. P. Petitioners in all the above impleading petitions are persons/firms alleged to be creditors of the deceased and they have filed the petitions solely in that capacity.