KAMAL RANI Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS Misc. Appeal under Section 299 of the Indian Succession Act, 1925, has been filed against the order dated 21. 3. 1990 passed by the 1st Additional Judge to the Court of the District Judge, Sagar, in Misc. Case No. 1 of 1986.

(2.) ONE Heeralal had three sons. During his life time he had partitioned his property between three sons and himself. These three sons are Kanhaiyalal, Ratan Chand and Babulal. Kamal Rani is the widow of Late Babulal and daughter-in-law of Heeralal. Vide Ex. P/l dated 13. 7. 1971 Heeralal executed a Will in favour of Smt. Kamal Rani of the property shown in Schedule 'a'.

(3.) THE Will was scribed by Tulsiram Vyas, who is dead and attested by Mahesh. No attempt was made to obtain, a probate in respect of the properties until the year 1986. Certain proceedings for mutation in the Revenue Court and for partition in the Civil Court were filed after the death of Heeralal in the year 1973. Heralal died on 15. 9. 1973.