NANDKISHORE Vs. SARVASADHARAN & ANR.

JUDGEMENT

(1.) This appeal has been filed by appellant Nandkishore being aggrieved by order dated 15.9.15 passed by the Court of 1 st Additional District Judge, Dabra, Distt. Gwalior, in case No.3/15 rejecting the application filed by the appellant under the provisions of Sections 276 and 279 of the Indian Succession Act, 1925 refusing to grant probate on Will of Shri Gopal Singh.

(2.) It is the contention of learned counsel for the appellant that learned Additional District Judge has failed to appreciate the fact that Gopal Singh son of Pahalwan Singh was resident of Ward No.1 Ghatampur Bhitarwar and was engaged as a daily wage labourer in the Vijayraje Schindhia Agricultural University, Regional Agricultural Research Center. He was bachelor and died on 6.8.13. Since he was bachelor and was not having child of his own, therefore, when the appellant was ten years of age, he had adopted the appellant as per the customs of the society. Since then appellant was living with Gopal Singh as his adopted son. It is also submitted that on 24.1.2013 Gopal Singh had executed a Will in favour of the appellant and Kashinath and Gajendrapuri Goswami were the witnesses to the said Will. He had proved the said Will and sought probate on the Will to receive amounts deposited in saving bank account No.31882501025 at State Bank of India Branch Bhitarwar, Gwalior, and also to receive other amounts which would have been received by said Gopal Singh from his employer.

(3.) The appellant got published a public notice in daily newspaper Dainik Bhaskar informing everyone but neither anybody appeared from the public to oppose such application nor anybody from the Agricultural University opposed his application, yet his application for grant of probate has been dismissed.