BACHAWAN BAI Vs. RAMKALIBAI

JUDGEMENT

(1.) THIS is an appeal against the order refusing to grant probate, of what was alleged to be that of a deceased worker in the Kalyanmal Mills Indore in respect of his provident fund. The petition for the grant of probate was submitted by the appellant Bachawanbai, the mother of the deceased.

(2.) THE petition was opposed by the widow of the deceased namely Ramkalibai who contended that the document relied upon is in fact not a will, that the deceased was not in a sound disposing state of mind on the dale the endorsment, on the certificate of Membership of the Kutumb Sahayak Fund Scheme, was made and that the alleged document was neither validly executed nor attested.

(3.) THE learned Judge of the Probate Court held that the endorsement at the foot of the nomination column at the back of the certificate of membership of the fund did not amount to a will as there were no words to indicate that the endorser wanted to make a posthumous disposition of the fund. It is merely a direction to pay the amount of the fund to his mother which did not amount to a will.