GOODS OF LATE HIRA LAL Vs. STATE

JUDGEMENT

(1.) SMT. Anara Devi, wife of Shri triloki Nath, resident of Village and Post nadula, Pargana Mah, Tehsil Handiya, Distt. Allahabad, filed this testamentary case no. 40 of 2002 under Section 273 read with section 278 of the Indian Succession Act for grant of Letters of Administration of the estate of late Shri Hira Lal (hereinafter called as the deceased) with his Will dated 18/10/2002 attached. The deceased was the uncle of her husband and died as a bachelor on 19-10-2002, a day after execution of the Will in her favour.

(2.) THE notices were issued to the Administrator General, U. P. , Board of Revenue and next of kin mentioned in para 6 of the application, namely her husband Shri Triloki nath, Tirath, Kallu and Lalji all son of late sukhraj, the brother of the deceased and shri Jawahir, the third brother of the deceased. A caveat was filed by Shri Ali Hasan, advocate on behalf of the opposite parties on which the Testamentary Case was converted into Testamentary Suit No. 9 of 2005.

(3.) THE caveator-objectors contested the suit on the pleading that the applicant Anara devi's husband Shri Triloki Nath is very clever and cunning man. Late Shri Hira Lal-the deceased did not execute any Will. The testament alleged to be the Will in favour of his wife is a forged document. Late Shri Hira lal died on 19/10/2002. He was ill and was not in his senses a day before on 18/10/2002 to execute the Will. Shri Triloki Nath has manufactured the Will with the intention of grabbing the share of opposite parry Nos. 2 to 5, which they inherited on the death of the deceased. The alleged Will does not give any reason to disinherit opposite party Nos. 2 to 5. Shri Hira Lal was living with opposite party Nos. 2 to 5. He never lived with smt. Anara Devi and her husband Shri triloki Nath. The last rites of the deceased was performed from the joint house of the opposite parties and that all last ceremonies were performed by the caveator-opposite parties. The applicant or her husband shri Triloki Nath did not perform any cremony. The total area of the house as well as the details of the movable properties, cash and ornaments have not been given in the 'schedule' appended to the testamentary case. The Will is forged and manufactured and that Smt. Anara Devi is not entitled to any relief. With the consent of the parties following issues were framed to be decided between the parties on 4/4/2006:-