ARATI PATRA Vs. SWARNALATA MOHANTY

JUDGEMENT

(1.) This is an appeal under Section 299 of the Indian Succession Act (hereinafter referred to as 'the Act'). In the last Will, the executor bequeathed his properties mentioned in several schedules to the respondents. Appellant is one of the daughters who was deprived of any property being bequeathed to her. Accordingly, when the Will was propounded, she entered caveat to contest the Will as not genuine being unnatural and having been obtained by undue influence. Trial Court having granted letters of administration by setting the appellant ex parts, this appeal has been filed. - -

(2.) THE appeal should have been registered as a First Appeal. However, it is immaterial whether it is registered as Miscellaneous' Appeal or First Appeal, since appeal lies.

(3.) ON dismissal of the appeal against respondent No. 2, the finding that the Will is genuine will become final so far as respondent No. 2 is concerned. In case I enter into merits of this appeal to find that the Will is not genuine in respect of other respondents, there will be inconsistency. Such inconsistency is not permissible. Where property has been bequeathed in one Will to several persons in parcels and in respect of one the Will becomes genuine, there is no scope to find that the Will is not genuine in respect of others.