HIMANSHU SANATKUMAR MAJMUDAR & 1 Vs. STATE

JUDGEMENT

(1.) THIS appeal arises under Section 299 of the Indian Succession Act, 1925 (for short "Act") impugning an order dated 26.02.2013 passed by the 5th Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur in Probate Application No.89 of 2011 at Exh:9 rejecting the said application on various grounds.

(2.) THE appellants being the heirs of one Kalavati and Sanatkumar Majmudar are beneficiaries of two separate Wills dated 20.11.1996 executed by Kalavati and Sanatkumar for movable and immovable properties. By testament made by Kalavati, Sanatkumar was the sole beneficiary and by testament made by Sanatkumar, Kalavati was the sole beneficiary. However, in both the Wills, a provision to declare the appellants herein as heir on non -existence of the beneficiary aforesaid on the date of the testators, as heir has been in each of the Will. Following executors were also appointed.

(3.) APPLICATIONS under Section 213 of the Act being Probate Application Nos.89 of 2011 and 90 of 2011 praying for issuance of probate/letters of administration in respect of both the separate Wills were made.