LEELA KUMARI Vs. T.S.PRAKASH CHAND GANG

JUDGEMENT

(1.) The applicants in Application No. 885 of 2022 in O.P.No. 638 of 2008, aggrieved by the order dtd. 10/3/2022, by which order, a learned Single Judge of this Court had dismissed the said application have filed the present Appeal.

(2.) O.P.No. 638 of 2008 had been filed seeking probate of a Will dtd. 16/5/1990 said to have been executed by Meena Bai, who died on 17/12/1998. The petition had been filed by the first respondent T.S.Prakash Chand Gang. It is to be mentioned that K.C.Mank Chand the husband of Meena Bai predeceased her and died on 8/4/1989. They had no children. It was claimed that Meena Bai had adopted the second respondent P.Gyanchand by an adoption deed dtd. 26/9/1990 registered as Document No. 400 of 1990 on the file of the Sub Registrar, T.Nagar, Chennai. By order dtd. 10/2/2009, probate was granted of the Will dtd. 16/5/1990 in O.P.No. 638 of 2008.

(3.) A.No. 885 of 2022 had been filed to revoke that order granting probate. By order dtd. 10/3/2022, the learned Single Judge had dismissed A.No. 885 of 2022. It had been stated that the first respondent had filed the application seeking probate on the ground that he was the executor and that the second respondent was the beneficiary and also the adopted son of the testatrix, Meena Bai. The legal heirship certificate had also been produced showing the second respondent as the legal heir. It was further held that the applicants, who are the widow and the son of the brother's son of K.C. Mank Chand, had no caveatable interest. It was also observed that whether the second respondent was the adopted son of Meena Bai or not was not the subject matter of the probate of the Will. It was also held that whether Meena Bai had handed over the property documents to the applicants was again not a subject matter of the probate proceedings. It was very clearly held that the probate proceedings were restricted only to examining the valid execution and attestation of the Will and cannot be converted to a suit for title. Holding as above, the application stood dismissed. Challenging the said order the present Appeal had been filed.