SMT. GOURIMANI JENA Vs. BINAPANI JENA

JUDGEMENT

(1.) This is an appeal under Section 299 of the Indian Succession Act challenging the order of the learned District Judge, Balasore-Bhadrak in O.S. No. 1 of 2007 granting probate in respect of the Will annexed accepting the prayer of the respondent.

(2.) Facts necessary for disposal of this appeal are as under:- One Madhabananda Jena had executed a Will in favour of his son Bhagabat Prasad Jena on 13.1.1998. It is said that the Will was duly executed by Madhabananda followed by its registration in the District Sub-Registrar Office, Balasore on that very day. The Will is said to be the last Will and testatament of said Madhabananda Jena who died on 24.9.1998. The beneficiary under the Will namely, Bhagabat Prasad Jena died unmarried on 22.5.2001. The respondent claiming to be the sole legal heir of Bhagabat Prasad Jena has sought for grant of the probate as aforesaid. It is stated that the said Will being duly executed by Madhabananda Jena was also attested in accordance with and as required under law. The Will is asserted to be genuine and authenticate one. The appellant appearing in the said probate proceeding contested the claim for grant of probate of the Will, claiming herself to be the second wife of the testator Madhabananda Jena. She also challenged that the Will was not duly executed and attested. It is her case that the Will was fraudulently created for the purpose of usurping the property of Madhabananda Jena depriving the appellant of her lawful claim over it. She also claims to have the right to succeed to the property of Madhabananda Jena with the respondent.

(3.) The learned District Judge on going through the evidence adduced by the respondent and also the certified copy of the Will proved as secondary evidence has finally granted the probate as prayed for and that is now under challenge in this appeal.