SUSHILA YADAV Vs. YADVENDRA SINGH YADAV

JUDGEMENT

(1.) The appellants have filed this appeal under Section 299 of the Indian Succession Act being aggrieved by the order dated 6.9.2000 passed by V Additional District Judge, Gwalior in Probate Case No.15- A/1999 (Old Case No.33/1996) rejecting the probate application filed by the appellants under Section 276 of the Act and holding that the alleged 'will' has not been properly proved. In this appeal, the appellants are referred to as "applicants" and respondents as 'objectors'.

(2.) The admitted facts have come on record that Tejram who was an officer in the telephone department was the husband of the deceased Phoolwati who had three sons Vimlendra Singh, Yadvendra Singh and Raghvendra Singh. The appellants/applicants are the legal heirs of the deceased Vimlendra. The disputed plot was purchased during life time of Tej Ram in the name of his wife Phoolwati and a house was constructed on it. Phoolwati was housewife and has no independent source of income.

(3.) The facts, in brief, of the probate application are that the deceased Phoolwati during her life time executed a notarized 'will' in favour of the applicants pertaining to the house of her ownership situated at M-1 Gandhinagar Gwalior bearing House No.22/447 (New No.26/422) on 1.10.1995 and it being her only and last will. The applicants are entitled to get probate certificate (letter of administration) in their favour. Smt. Phoolwati died on 20.10.1995, hence, the probate application was filed before the Court below as stated earlier.