KADAMBINI SINGH Vs. LOKANATH SINGH

JUDGEMENT

(1.) Being felt aggrieved by the order of the learned Subordinate Judge, First Court, Cuttack refusing to grant probate of the Will in her favour, the appellant Kadambini Singh has filed this appeal under Section 299 of the Indian Succession Act, 1925.

(2.) THE appellant's mother and. Nilamani are two sisters. Nilamani (hereinafter referred to as the testatrix) executed the will dated 9 -5 -1976 in favour of the appellant. One Mangal Singh had three sons, namely, Sitanath, Jagannath and Lokanath (respondent No. 1) The testatrix was the wife of Sitanath. Respondent No. 2 Baidyanath Singh is the son of Jagannath. The Will recites that the testatrix's mother -in -law Arnapurna being the true owner while alive gifted away the property in question by a gift deed dated: 25 -6 -1965 (Ext. 2) in favour of the testatrix. As the testatrix had no children, the appellant being her sister's daughter was brought to her family from infancy and was looked after like an adopted daughter. Being satisfied with her dealings, the testatrix executed the will in favour of the appellant. The case of the appellant is that the Will; was duly executed in her favour and was also duly registered. The testatrix died on 19 -7 -1976 leaving at the time of: her death, the properties described in the Will. The appellant being the sole legatee under the Will and being the executor named in the Will, is entitled for grant of probate.

(3.) ON the basis of the aforesaid pleadings, the learned Subordinate Judge framed six issues and considering the evidence adduced in the case came to hold that the testatrix although was literate was not in a sound and disposing state of mind at the time of execution of the Will. She has lost her testamentary capacity. Accordingly the learned Subordinate Judge declined to grant the prayer of the appellant.