SURESH CHANDRA BAL Vs. NIRANJAN BAL

JUDGEMENT

(1.) THE respondent filed an application under Sections 266 and 276 of the Indian Succession Act, 1925 for grant of probate of the registered will dated 2-8-1968 of one Kinu Bal who died on 17-11-1968. This was registered as O. S. No. 1 of 1971 in the court of the District Judge, Cuttack. By decision dated 11-5-1972 the District Judge directed issuance of letters of administration with a copy of the will annexed in favour of the applicant Niranjan Bal on his furnishing security to the extent of Rs. 15,000/-. THE appellants who had appeared in response to citations issued by the District Judge claiming an interest in the estate of the deceased being aggrieved with the aforesaid decision have filed the present appeal.

(2.) THE appellant No. 1 lodged caveat against the grant of probate of the will with the District Judge. In his written statement the appellant No. 1 challenged the genuineness of the will and the testamental capacity of the testator on various grounds set out in paras 3, 4, 5 and 6 thereof. In para 3 the will was alleged to be a forged document and the averments therein were said to be false, fabricated and outcome of fraud on the testator. In paras 4, 5 and 6 the allegations were that the testator due to long illness had become completely imbecile, had lost his power of understanding and never understood the contents of the alleged will, and, therefore, had not the testamental capacity. Further it has been said that the will has not been validly attested according to law.

(3.) IN the result, the appeal must succeed and accordingly, it is allowed and the respondent's petition for grant of probate of the will annexed to the petition is dismissed. The appellants are entitled to costs throughout. Appeal allowed with costs. Appeal allowed.