JAMUNABAI Vs. SURENDRAKUMAR

JUDGEMENT

(1.) This miscellaneous appeal under Section 299 of the Indian Succession Act has been filed by some objectors against the order dated 4-7-1986 passed in Probate Case No. 4 of 1983 by the learned Additional Judge, Mhow to the Court of District Judge, Indore, rejecting the objections filed by the objectors and granting the probate certificate on the application of respondent No. 1 filed under S. 276 of the Indian Succession Act.

(2.) The respondent No. 1 filed an application under Section 276 of the Act alleging therein that deceased Dujaia,who was the real elder brother of respondent No. 1, executed a will on 20/04/1976 in favour of .the respondent No. 1 whereunder the properties were bequeathed in favour of the respondent No. 1. It was further averred that Dujaia having expired on 5-6-1976, the respondent No. 1 has succeeded to the property. According to the respondent No. 1 the properties described in the Will would be succeeded by him which include moveables and immoveables. The application was filed in the year 1977 and a public notice was issued in daily newspaper 'Swadesh'. As no objections were received, by order dated 12-8-1977 granting the application of respondent No. 1 a probate certificate was issued in his favour. But later on certain objection were filed on which M.J.C. No. 94 of 1977 was registered and in view of the final order passed in M.J.C. No. 94 of 1977 the probate proceedings were reopened. The objectors filed their objections against the grant of the certificate alleging therein that the alleged Will is sham, bogus and is a result of forgery; it has not been signed or executed by deceased Dujaix, but in fact the respondent No. 1, to grab the property of deceased Dujaia and mar upon the rights of the other successors has concocted the said Will. They also submitted that the alleged Will in that does not fall within the definition of the last testamentary disposition of the deceased but in fact is declaration of the rights so also is a partition deed. As the same is not on proper stamps it is inadmissible in evidence.

(3.) Contending further it was submitted that the deceased was residing with objector Chhotelal who not only maintained him, got his eyes operated and spent a sum of Rs.2000/- on the last rituals of deceased Dujain. It was also submitted that after marrying a Christian girl the respondent No. l has ceased to be a Hindu and is professing Christianity; According to the objectors the deceased in his last days became a drunkard, suffered with bad vision and his mental condition also deteriorated. Various other legal objections were raised and it was submitted that the will was not properly attested and the application under Section 276 was not in accordance with Sections 279 and 281 of the Act.