LEELA DEVI Vs. GENERAL PUBLIC

JUDGEMENT

(1.) This appeal under Section 299 of the Indian Succession Act, 1925 (hereinafter referred to as the Act) has been filed by Leela Devi, wife and Balwant Singh and Dharam Pal, sons of late Shri Tulsi Ram, against the order dated 2.3.2004 of learned District Judge, whereby their petition under Section 276 of the Act, for grant of probate and Succession Certificate in respect of Will dated 11.2.1993, allegedly executed by Tulsi Ram in their favour, has been dismissed.

(2.) Admittedly, appellants are the wife and sons of late Tulsi Ram. Tulsi Ram retired as Executive Engineer from Public Works Department of the State of H.P. On 11.2.1993, when, as per the contents of the Will Ex.PW-1/A, he was 58 years old, he executed the Will in favour of the appellants. Appellants sought probate of the Will by filing petition under Section 276 of the Act. Respondents Shobhna, Meenakshi, Sheetal, Dimple, Nainshi and Payal, who contested the petition, were named as respondents in the said petition. These respondents appeared and filed a written reply, in which validity of the Will was questioned. It was claimed that respondent Shobhna was the wife and other respondents were daughters of Tulsi Ram and on account of this relationship, they were the natural heirs of deceased Tulsi Ram. Learned District Judge dismissed the petition, holding that the execution of the Will was shrouded by suspicious circumstances. Such circumstances, according to the learned District Judge, are; (a) the Will is silent as to why respondents have been deprived of their right of inheritance, (b) Shobhna was the lawful wife of the deceased, whereas appellant Leela Devi was subsequently married wife of the testator, and (c) there was not even a whisper about the existence of respondents in the Will, even though they had been living in the same building as the appellants, though on a different floor.

(3.) Appellants are aggrieved by the finding and the consequential order of the learned District Judge. So, they have filed the present appeal.