HIDANGMAYUM DWIJASEKHAR SHARMA Vs. HIDANGMAYUM DEVASEKHAR SHARMA

JUDGEMENT

(1.) THE judgment and order dated 24.05.2004 passed by the learned District Judge, Manipur East in Original Probate Suit No. 22 of 2000 has given rise to these two appeals.

(2.) THE two defendants in the said probate Suit have filed the two appeals, the defendant No. 1 having filed FAO No. 4 of 2004 and the defendant No. 2 having filed the FAO No. 5 of 2004. The respondent No. 1 in both the appeals was the applicant/petitioner before the learned District Judge seeking for grant of probate in respect of a Will executed by his father late H. Dwijamani Dev Sharma on 04.4.1997 before his death on 28.2.2000. The case of the respondent No. 1 is that he is the executor name in the Will executed on 04.4.1997 by late H. Dwijamani Dev Sharma before his death on 28.2.2000 at his residence. It is the further case of the respondent No. 1 that the said will is the last Will and testament of late H. Dwijamani Dev Sharma and it had been executed in the presence of witnesses. The Will was registered in the office of the Sub -Registrar, H.Q. Imphal at Lamphel vide entry No. 932 dated 16.7.1998 and the original Will was in the custody of the Sub -Registrar. As per the said Will, the respondent No. 1, the deity, and H. Dwijamani Dev Sharma's sons and three grand sons and three daughters were the beneficiaries. As is evident from the application filed by the respondent No. 1 for grant of probate u/s 276 of the Indian Succession Act, 1925, several parcels of the properties have been bequeathed located at different places apart from movable properties such as books and cash. The prayer in the application was for grant of probate of the said will.

(3.) ON the basis of the pleadings of the parties, learned District Judge framed 3(three) issues for determination. Such as: -