VINOD KUMARI Vs. DRAUPATI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THIS First Appeal From Order has been filed by appellant Smt. Vinod Kumari wife of late Jitendra Pal Singh resident of village Madara,Pargana and Tehsil Kol District Aligarh against the judgment and order dated 14.4.2010 passed by the Additional District Judge, Court No.3 Aligarh in Misc. Case No. 58 of 2004, Smt. Draupati Devi Vs. Smt. Vinod Kumari. The aforesaid Misc. Case was allowed by the Court below appointing Smt. Draupati Devi wife of late Chandrapal Singh, the grand mother of the two minor sons of late Jitendra Pal Singh namely, Madhupendra Pal Singh and Ankit Kumar as guardian on the application made by her under Section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as the Act).

(3.) IT appears from the record that before his death Jitendra Pal Singh the father of the aforesaid two minor children being heart patient had executed an unregistered will on 13.5.1999 through public Notary with regard to his all moveable and immoveable properties in favour of both minor sons. By the aforesaid unregistered will Jitendra Pal Singh had appointed his mother Smt. Draupati Devi, opposite party as guardian of his aforesaid two minor sons. After the death of Jitendra Pal Singh an application under Section 8 of the Hindi Minority and Guardianship Act, 1956 was moved by Smt. Draupati his mother and the grand mother of the minor children that she may be appointed as guardian to look after the minors and also their property through will dated 13.5.1999 as the minors were under her care and custody and Smt. Vinod Kumari appellant is the step mother of Madhupendra Pal Singh aged about 12 years. The property was detailed at the foot of the aforesaid application filed by her under Section 8 of the Act.