NARESH KUMAR ALIAS NARESH CHANDRA Vs. BALMUKUND

JUDGEMENT

(1.) ONE Ramratan had certain properties situated Sarafa Bezar, Lashkar, Gwalior. He had a wife by the name of Achrajbai. Ramratan had in adopted son Balkishaa. Balkishan was a lunatic. This Balkishan was married to one Radhabai. They had an adopted son Naresh. Ramratan died sometime in the year 1940 and Balkishan died in the year 1974. Thus, Radhabai, Naresh and Achrajbai became the legal heirs of Balkishan under the law. It may be mentioned that so far as the factum of adoption of Naresh is concerned was disputed but this issue was settled by this Court in favour of Naresh.

(2.) AS Balkishan was a lunatic--there is no dispute regarding this disability suffered by him his property was managed by trustees consisting of one Banshidhar, brother of Achrajbai, Jagannath Prasad and Bhajanlal. Jagannath Prasad and Bhajanlal died. It is alleged that half of the property was handed over to Naresh and the remaining half was being managed by Achrajbai.

(3.) ACHRAJBAI executed three Wills, By two Wills, she created two trusts and by third Will she give all her property to Balmukund s/o Banshidhar, This Banshidhar is none else but a brother of Achrajbai.