BHUPENDRA BHAI SAMJUBHAI Vs. DIWALIBEN

JUDGEMENT

(1.) The applicants' application for grant of letters of administration of Will came to be dismissed solely on the ground that the applicants had filed application for letters of administration after over 15 years. Hence, applicants have preferred this appeal.

(2.) The short facts of the case are as under:- One Samjubhai Raghavbhai Umretia resident of Village Prabhatpur, District Junagadh had executed a Will on 06/09/1986 and he expired on 01/11/1986. He owned and possessed agricultural land in the village Prabhatpur bearing survey no.61, 110/2 and 86. It is alleged that he owned 13 Acre 13 Guntha land and also, one residential house built up in 500 sq. yards area of land. The respondent no.1 herein is alleged to be first wife of the deceased Samjubhai. The appellant no.1 is the son of deceased and appellant no.2 is the second wife of the Samjubhai. While appellant alleges that the respondent no.1 Diwaliben was separated by divorce and there was no issue through first wife, on the other hand, the respondent disputed the assertion of the divorce and alleges that there were two daughters through first wife i.e. respondent no.1. The Will in question is duly registered one.

(3.) The appellants had filed Civil Misc. Application No.70 of 2002 before the learned Civil Judge, Senior Division Court, Junagadh. Learned Trial Court had framed eight issues for consideration. Out of which, following issues are relevant and material -