SUSHILABAI Vs. GOVIND GANESH

JUDGEMENT

(1.) THIS is an appeal against the grant of probate to the respondents in civil suit No. 10-A of 1955 of the Court of the Additional District Judge, Khandwa.

(2.) THE proceedings relate to the will of one Baburao Shastri who was retired district Excise Officer and had settled at Khandwa. The will is dated 31-3-1939. Baburao Shastri died on 21-4-1939 at Khandwa, leaving behind his widow Mst. Laxmibai (second wife), his mother Annapurnabai, and two daughters, Sushilabai and Kamalabai, through his first wife who had died long ago. By the will he left his estate to his widow Laxmibai as a full owner. She applied for grant of probate under the will in the year 1939 and the case was registered as civil suit No. 3 of 1939. A general citation was issued under Section 283 of the Indian Succession act, 1925, and as none put in a caveat, probate was granted to her on 8-12-1939.

(3.) LAXMIBAI died in the year 1953 and is alleged to have left a will appointing the respondents as executors of her estate. The respondents have applied for grant of probate on the basis of her will and that case is still pending in the Court of the additional District Judge, Khandwa.