ROSHAN SINGH YADAV Vs. VIDYA BAI YADAV

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the appellant/non- applicant of the Probate Case No. 04/2006, being aggrieved by the judgment dated 02.07.2008 passed by 4 th Additional District Judge, Jabalpur under Section 276 of the Indian Succession Act, 1925.

(2.) It is not in dispute that the respondent is the real mother of the appellant. Late Durga Prasad Yadav was the father of the respondent and grandfather of the appellant. Respondent has filed an application for issuing the probate in her favour against her son/appellant on the basis that her father had died on 06.01.2002 and he was the owner of the disputed property bearing Khasra No. 146 admeasuring area of 4.92 ha situated at Jabalpur. She claimed that her father-late Durga Prasad Yadav executed a Will in her favour on 02.02.1996. Thereafter, he sold some part of the disputed property to other person. After his death, the respondent possessed the suit land. Her name was mutated in the revenue records in place of her father. After sometime, the respondent prepared a deed in favour the appellant and her other sons. They filed an application for mutation before the revenue Court. Appellant has challenged that late Durga Prasad Yadav executed Will in his favour on 13.08.2001. Respondent filed an application that the alleged Will which is in favour of the present appellant is forged and fabricated. She prayed for issuing the probate in her favour.

(3.) The appellant denied the statement of his mother-respondent and contended that his maternal grandfather executed the last Will in his favour and no Will was executed by him in favour of his mother. Thus, he prayed to dismiss the case filed by his mother.