LAWS(ALL)-2012-7-204

DINESH CHANDRA PANDEY Vs. BRIJESH CHANDRA PANDEY

Decided On July 23, 2012
DINESH CHANDRA PANDEY Appellant
V/S
Brijesh Chandra Pandey Respondents

JUDGEMENT

(1.) Property often disrupts family peace and leads to feuds in a family: it creates differences that are difficult to bridge. This case is an example of the same, where brothers are fighting over a will for a residential house. And in resolving the dispute, we visit the principles applicable in determining the genuineness of the will.

(2.) Sri Netra Pandey ( Sri Pandey) was a teacher of history in Prayag Mahila Vidya Peeth, Allahabad. He was a writer and have written text books of history for school children. He married twice. By his first wife Smt Chhabirani, he had one son; by the second wife Smt Bhagwati Devi, (Smt Bhagwati), he had five sons and six daughters.

(3.) The relevant pedigree omitting the six daughters is as follows: Chhabirani = Netra Pandey = Bhagwati Devi (first wife) | | (second wife) | | Sugriv Chandra Pandey | ------------------------------------------------------------------------------------------------------------------------------ I | | | I Ramesh Chandra Brijesh Chandra Suresh Chandra Awadhesh Chandra Dinesh Chandra Pandey Pandey Pandey Pandey Pandey | | | | (Plaintiff - Respondents) (Defendant-Appellant)