JOYCE CYNTHIA PRABHAKAR Vs. A S K SIRCAR

JUDGEMENT

(1.) THE question involved in these appeals is regarding validity of Will dated 5.9.1994 executed by Mrs. Edna Diamond Peters.

(2.) THE admitted pedigree of the family as noted in paragraph 5 of the impugned judgment dated 18.4.2006 is as under :

(3.) IN Testamentary Suit No. 5 of 1998 Mrs. Joiyce Cynthia Prabhakar and Mrs. Anita Simon have prayed for 'Letters of Administration' of the estate of Mrs. Edna Diamond Peters ( the deceased) alleging that she died intestate. The papers purporting to be the will of the deceased sent by Mr. A.S.K. Sircar by registered post to Mrs. Lalitha Francis, the daughter of the Mrs. Joyce Cynthia Prabhakar at Bangalore alleged to be executed by the deceased on 5.9.1994 and registered at the office of Sub Registrar, Chail at Allahabad, appears to be a fishy document/ shrouded in circumstances which are suspicious in the extreme besides being an unnatural will excluding all other heirs of the deceased. The signatures purporting to be of that of the deceased do not appear to be genuine and that for two months the alleged executor did not file the petition for probate. It is stated in para 4 of the plaint that apart from the plaintiff, the law applicable to Indian Christians namely Indian Succession Act No. 39 of 1925, the deceased had left behind Mrs. Aruna Seetal; Shunil Sircar ( A.S.K. Sircar); Mr. Anita Simon and Ronald Sircar. The petition is contested by Shri A.S.K. Sircar, who has filed objections / counter affidavit stating that the deceased was in a sound and disposing state of mind, and had executed the will dated 5.9.1994, before her death. The Sub Registrar registered it on the same date. He is the executor named in the will and has filed testamentary case for grant of probate.