HARISH AGARWAL Vs. STATE OF ALLAHABAD

JUDGEMENT

(1.) The petitioner seeks grant of probate/letters of administration to him with the copy of the Will dated 31.1.1990 annexed with it to the extent of l/3rd share in the property of the testator Shri Raghunath Prasad Agarwal.

(2.) The facts in brief are that Raghunath Prasad Agarwal executed his last Will on 31.1.1990 whereby he bequeathed his property C-15, Surya Nagar, Ghaziabad to his wife and three sons. He expired on 25.9.1995. The petitioner filed this petition on 1st February, 1997 claiming l/3rd share in the property. The notices were issued to his widow, two sons and two daughters. The petition has been opposed by his widow Smt. Sushila Agarwal and two sons, namely, Sri Satish Kumar Agarwal and Sri Rajesh Agarwal. They have admitted the execution of the Will but their objection is that the property was given exclusively to the widow of the testator and only after her death. the property in question was to be devolved on three sons in equal shares. On the contentions raised by the parties following issues were framed :

(3.) Issue Nos. 1. 2 and 4 : These issues are related with each other and, therefore, are being decided together. The execution of the Will is not denied. The respondents have also admitted the execution of the Will by Raghunath Prasad Agarwal. The Will has also been proved by Niranjan Lal, the attesting witness who has filed affidavit stating therein that the Will was executed in his presence. It was read over to the testator and he signed the Will in his presence. The only question is whether the executant had given his wife life estate or absolute ownership in the property in question. In this context, the relevant part of the Will is produced below :