BHAWANI PRASAD Vs. SURENDRA BALA

JUDGEMENT

(1.) This is a first appeal which arises out of a petition for the grant of letters of administration to the applicants, namely, Surendra Bala and Suresh Chandra who are respondents in this appeal, or for probate. The petitioners stated in their petition that Pandit Kuar Lal and his wife Smt. Ram Pyari duly executed a will dated the 15th of November, 1941, in respect of property owned by them. This will was duly registered on the 17th of November, 1941. Pandit Kuar Lal, who was the husband of Ram Pyari, died on the 18th of January, 1942 at Firozabad, and Smt. Ram Pyari died on the 11th of December, 1945, at Agra. The petitioners claimed to be legatees under the said will and entitled to obtain letters of administration.

(2.) We may note that in the first instance the petitioners merely prayed for the grant of a pro-bate, but ultimately by an amendment an alternative prayer for the grant of letters of administration to the petitioners was made. Notices were issued and a caveat was filed by one Pandit Bhawani Prasad, who is the appellant here. Pandit Bhawani Prasad is the brother of Pandif Kuar Lal. Surendra Bala is the niece of Smt. Ram Pyari, and Suresh Chandra is Surendra Bala's son.

(3.) Shortly put the position taken up by Pandit Bhawani Prasad the appellant, was that the aforesaid will dated the 15th of November, 1941, stood revoked by a deed of gift dated the 14th of November, 1942 executed by the surviving Mst. Ram Pyari, after the death of her husband, in favour of Bhawani Prasad. The caveator inter alia pleaded that Smt. Ram Pyari was the owner of the house devised by the will, which was her stridhan property, and she was also the owner along with Kuar Lal of the deposits on which, the will also operates.