RAJESHWARI RANI PATHAK Vs. NIRJA GULERI

JUDGEMENT

(1.) THIS is a petition under Section 276 read with Sections 273 and 300, Indian Succession Act, (hereinafter called the Act) for the grant of probate of the will dated January 12, 1974, Exhibit P-A, executed by Shridhar Sharma Guleri, (hereinafter called the testator), in favour of Shrimati Rajeshwari Rani Pathak, the petitioner (hereinafter called the executrix ). The testator died on February 22, 1974, at Simla when he was working as Joint Agricultural Commissioner at simla under the Himachal Pra-desh Government. The present petition was filed on July 16, 1974.

(2.) THE testator was a Lecturer in Government College at Solan. He passed the i. P. S. Examination in the year 1963 and was subsequently selected in the indian Administrative Service (I. A S. ). After getting his training, he was appointed as Sub-Divisional Magistrate, at Kan-gra, in the year 1966-67. In july, 1967, he was appointed as Deputy Commis-sioner, (Rehabilitation)Talwara. After working as Deputy Development Commissioner at Simla up to april, 1970, he was transferred as Deputy Commissioner, Bilaspur and he served as such up to April, 1971. He went on deputation as Under-Secretary (Finance), Government of India, from where he was transferred to Simla under the Himachal Pra-desh Government in February, 1973. There, he worked in various capacities up to February 22, 1974, when he met his tragic end in mysterious circumstances. At the time of his death only he was in the house and his dead body was found partly burnt. He was married to Shri-mati Nirja guleri on March 10, 1966 (hereinafter called the objector ). The marriage was solemnised at Dehra Dun. From the wedlock, two sons were born. Shri Shre guleri was born on November 23, 1968 and Shri Kant Guleri was born on january 3, 1971.

(3.) THE father of the testator died on July 24, 1967. His mother died on January 1, 1974, at Aimer, at the house of his brother Dr. S. K. Sharma, Professor and head of Pharmacology Department, Medical College, Ajmer. Kirya ceremony of the testator's mother was held on January 11, 1974 and the will, in dispute, Ex. P-A, was executed the next day, that is, Jan. 12, 1974. The body of the said will is typed. It is signed by the testator and is attested by two witnesses, namely, dr. K. S. Yadav, Lecturer, in Medicine J. L. N. Medical College, Ajmer and Dr. S. V. Malvea, Reader and Head of Anaesthesio-logy Department, J. L. N. Medical college, Aimer. Its execution is proved by both the witnesses, that is, Dr. Malvea, as P. W. 3 and Dr. Yadav, as P. W. 4. Both of them have expressly stated that the will was signed by the testator in their presence and that they also affixed their signatures on the will in the presence of the testator. It is stated in the will that the testator was at Ajmer to attend the last rites of his mother. The entire property, the details of which however, are not given in the will, was bequeathed in favour of Shrimati Raje-shwari Rani Pathak who, according to her own statement, is the real sister of the testator's mother, which is not denied by the other side. According to the averments in the will, the executrix had brought up the testator since the age of five years. She was made the owner of the entire property of the testator and was authorised to take possession of the same. She was also appointed as executrix of the property to provide for his two minor sons, namely, Shri Shre Guleri and Shri kant Guleri, Shrimati Nirja Guleri, the wife of the testator, was disinherited and the averment hi this regard is to the following effect :