ESTATES OF DAISY MYRTLE KHAN Vs. STATE

JUDGEMENT

(1.) SUNIL Ambwani, J. The Testamentary Suit No. 3 of 2006 filed by Shri Ritesh Sirkar son of Shri A. S. K. Sirkar, resident of 7 7, N. K. Mukherjee Road, Allahabad seeksgrant of probate of the property of late Daisy Myrtel Khan (the deceased) widow of late Munawwar Khan, resident of C-13 3, Paper Mili Golony, Lucknow. She died on 27. 7. 2004. The plaintiff has set up a will dated 27. 11. 1995 executed by her with her free will, consent and in sound and disposing mind. The suit is ontested by her daughter Ms. Shamim Khan on the ground that a few days later the deceased executed the will dated 15. 12. 1995, which is the last will of the deceased.

(2.) THE Testamentary Case No. 14 of 2006 is filed by M/s Shamim Khan claiming 'letters of Administration', on the basis of the later will dated 15. 12. 1995 executed by the deceased.

(3.) PARTIES have filed documentary evidence. On the basis of the documentary evidence the following preliminary issue was framed by order dated 7. 9. 2007: " (6) Whether in view of the fact that the only property left by the deceased namely 15th share in House Nos. 77 and 8 9, N. K. Mukherjee Road, Allahabad including the land on which the said houses are constructed being Nazul Plot No. 2, Rajapur Bandhwa, Allahabad has been converted into free hold land by the State Government vide 'deed of free hold' dated 28. 9. 2005, registered on 29. 9. 2005, the Testamentary Suits for probate filed by the re-spective parties for execution in pursuance of the respective wills dated 27. 11. 1995 and 15. 12. 1995areliabletobedismissed. "