DAULATRAM Vs. SMT. SAVTRI DEVI

JUDGEMENT

(1.) The appellant begs to submit as under:- 1. That the wife of his late younger brother Smt. Krishna died on 4/3/2001 at Bhopal, thereafter her last rites were conducted at Saural i.e. Sironj District Vidisha, where, the appellant and his family members resides.

(2.) That Smt. Krishna left one house which was purchased by her on 18.5.96 and also left some immovable property.

(3.) That after the death of Smt. Krishna, the appellant has filed an application under Section 373 Indian Succession Act, 1925, before the Court of Bhopal. That the Court issued the Respondents are absent in spite of publication in the newspaper. Arguments heard. 2. This appeal has been filed against the order dated 19/02/2004 passed by learned Second Additional District Judge, Bhopal in MJC No. 28/2002 by allowing the application filed under Section 383 of the Indian Succession Act, 1925, for grant of certificate of probate in favour of Smt. Savtri Devi/respondent. 3. Learned Trial Court has allowed the application filed by Smt. Savtri Devi for obtaining probate of the disputed house by relying upon the Will executed by Smt. Krishna Bai in her favour and setting aside the order of probate dated 17.7.2011 passed in MJC No. 97/01 in favour of the appellant regarding House No. 18, Ward No. 23, Lane No. 6 situated at Durga Chowk Talaiya, Bhopal.