ALLURI SATYAVATHI Vs. ALLURI VENKATA KRISHNAM RAJU

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal is filed under Sec. 299 of Indian Succession Act, 1925 questioning the Order and Decree dtd. 24/4/2009 made in O.P.No.307 of 2004 on the file of the Court of the Principal District Judge, East Godavari District at Rajahmundry.

(2.) The appellants are the petitioners. O.P.No.307 of 2004 was filed under Sec. 317 of the Indian Succession Act, 1925 to grant probate in respect of the Will dtd. 15/4/1991 and for such other reliefs. The petitioner No.1 is the wife of late alluri Narasimha Raju and the mother of Respondent No.1. The Petitioner Nos.2 and 3 are the daughters of Respondent No.1 and grand-daughters of Petitioner No.1 and late alluri Narasimha Raju.

(3.) The scheduled properties were owned by late alluri Narasimha Raju and he had executed a Will dtd. 15/4/1991 in sound and disposing state of mind at his residence at Kovvur bequeathing life interest in the 'A' and 'B' schedule lands and houses therein in favour of Respondent No.1 and absolute remainder rights in favour of petitioner Nos.2 and 3. The 'C' schedule property i.e. a factory by name Srinivasa Enterprises at Bandapuram, West Godavari District was bequeathed to the Respondent No.1 with absolute rights along with some cash and shares. The Respondent No.1 sold away 'C' schedule property and was trying to sell away the lands covered under the Will dtd. 15/4/1991 for his personal benefit. The petitioner No.1 as guardian of the minor Petitioner Nos.2 and 3 (at that point of time) filed the O.P for grant of probate of the Will dtd. 15/4/1991 under Sec. 214 of the Indian Succession Act.