MAYANK ALIAS VAIBHAVA Vs. PUBLIC IN GENRAL

JUDGEMENT

(1.) Being aaggrieved by the order dated 23-10-2003 passed by XVII ADJ, Indore in Succession Case No. 8/2002, whereby the application filed by the appellant under Section 278 of the India Succession Act, 1925 (which shall be referred hereinafter as "Act") has been rejected, the present appeal has been filed.

(2.) Short facts of the case are that deceased was Ms. Renuka Bai w/o Balkrishna, who passed away on 6-11-1998. After her death the appellant filed a petition under Section 278 of the Act on 3-8-2000 alleging that the deceased-Renuka Bai executed the registered Will on 22-8-1995 before her death, where by the property which is a house bearing municipal No. 70, old 81, now situated at Barabhai, Indore was given to the appellant. Hence, it was prayed that the Letter of Administration be issued in his favour.

(3.) The petition filed by the appellant was opposed by the respondents on various grounds and it was prayed that petition for grant of Probate/Letter of Administration be dismissed. On the basis of the pleadings, the learned Court below framed the issues recorded the evidence and at the time of passing of order the learned Court below vide order dated 23-10-2003 dismissed the petition on the ground that in State of Madhya Pradesh, petition for grant of Probate/Letter of Administration relating to immovable property is not maintainable. Being aggrieved by the impugned order the present appeal has been filed.