BEGUM SHANTI TUFAIL AHMAD KHAN Vs. STATE

JUDGEMENT

(1.) The plaintiff Sri Jalaluddin son of Badruddin filed this testamentary case on 18-9-1997 for grant of probate with a copy of Will annexed thereto executed by the deceased Begum Shanti Tufail Ahamad Khan wife of late Tufail Ahmad Khan, resident of 18-B Maharani Bagh, New Delhi, who died on 9-10- 1976 leaving behind her alleged Will and Testament dated 23-5-1974 (wrongly mentioned in para 6, 7 and 10 as 23-5-1994 ). In para 11 of the plaint, it is alleged that she had handed over the Will to one Sri Yusuf Ali Khan son of Sri Kamaluddin Khan resident of 60 Jufarabad, Delhi who is also an attesting witness to the Will with instructions to hand it over to the applicant. The said Sri Yusuf Ali Khan in pursuant to instruction handed over the Will to the applicant on 15-7-1997 (after 23 years ).

(2.) IN the Will (Paper No. A-3/16) the deceased claimed to be 60 years old and owner of properties in many cities of INdia, which she got from her husband, more particularly in Delhi, U. P. , Madhya Pradesh and Haryana including Plot No. 43 and 44 on Returned Road on which House No. 18-B Maharani Bagh New Delhi is built; Shanti Kunj and Dileram Estate in Mussorrie in U. P. , Tasvir Mahal Cinema in Aligarh. Digar properties at Hazratganj, Lucknow and Civil Lines at Allahabad and also at Gwalior in Madhya Pradesh, Garhi Bahrail and Nawab Garhi in District Karnal, Haryana. She bequeathed the entire properties to a son in the family, Jalalludin son of Bahruddin resident of Muzaffarnagar. U. P. related to her as the family grandson (Khandani Chirag ). IN this Will she scribed that her husband was a lecturer in Aligarh University and had desired that the property should remain in the family, left by her husband on his death to Jalaluddin, who he expected to follow the traditions of the family. She gave him her full rights to get his name transferred in all the properties. The Will was scribed by Sri Sadhu Ram, Kashmiri Gate, Delhi on 23-5-1974 and was witnessed by Sri Yusuf Ali Khan son of Kamalludin Khan resident of 60 Jafarabad, Delhi and Sri Kitabuddin, Son of Sri Mohd. Nasir Husain, resident of Kairana. Muzaffamagar.

(3.) THE testamentary case was converted into suit and was heard on many dates. Preliminary issues were framed on 20-1-2004 and parties led evidence with regard to ownership of the properties detailed as above. Objections/caveats were also filed by Smt. Pushpa Guglani. THE Court framed preliminary issue whether the caveators Mr. Ravi Sikari and Smt. Pushpa Guglani have any interest to maintain the caveat. THEse legal issues were considered and decided by this Court on 24-2-2004. It was held following AIR 1954 SC 280 and 1990 (2) C. L. J. 311 (Kant), that grant of Probate or Letters of Administration, does not prove the legality of the bequest. Such grant proves only two things, that the signature on the Will were made by the testator and the will is valid will fulfilling the requirements of signature of testator and attestation; and that the testator at the time of signing of the will was of sound mind and the will was not the effect of fraud, coercion and undue influence. Even if Probate/letters of Administration is granted by the Court, it would not affect the interest of the caveators, in case they have got title in the properties, and they will be at liberty to prove their title in any proceedings which may be directly concerned therewith, notwithstanding the grant of Probate or Letters of Administration and even if the application is refused, still the natural heirs of the testator would be entitled to assert their rights to the property in dispute. Smt. Pushpa Guglani, claimed to be a transferee vide Agreement dated 23-10-1954 from the lessee vide Lease Deed dated 4-2-1955 from Sri K. B. Moh Mazar, who was the grantee of the lease from Government General in Council dated 22-4-1941 as nazul land. It was held that both the caveators namely Mr. Sikri and Smt. Guglani did not have any caveatable interest and thus their caveats were discharged.