SHIV NARAIN Vs. BHAGAT RAM

JUDGEMENT

(1.) THE estate of Ram Dhari Mal provides the bone of contention. The learned Single Judge having accepted the petition filed by Bhagat Ram, his brother-Shiv Narain has filed the present Letters Patent Appeal. A few facts may be noticed.

(2.) RAM Dhari Mal is alleged to have executed a will on February 6, 1978. He expired on May 8, 1978. He had left behind three sons-Bhagat Ram, Shiv Narain and Sat Pal, a daughter-Pisto Devi and a widow Shanti Devi. In April, 1986, Bhagat Ram the present respondent filed the petition Under Section 276 of the Indian Succession Act for the grant of probate of the will.

(3.) ON the pleadings of the parties, the following two issues were framed:i) Whether Ram Dhari Mal deceased had executed a valid will dated 6th February, 1978? OPp ii) Whether the properties bequeathed under the will were coparcenary? If so, its effect? OPR.