ATMA RAM Vs. JANKI

JUDGEMENT

(1.) The appellant-applicant Atma Ram and respondent-Asha Ram are sons, respondent-Janki is the widow and respondents 3 to 8 are daughters and grand sons of late Shri Laturia.

(2.) This appeal is directed against the judgment dated 24-2-1986 passed by Senior Sub-Judge, Bilaspur exercising the delegated powers of District Judge, Bilaspur whereby the application of the appellant-applicant for granting him probate for Will Ex. PA was partly allowed to the extent of 1/8 share in the amount of Rs. 17,012-55 paise lying in Savings Bank Account No. 520541 and Time Deposit Account No. 7510084 at Branch Post Office Jejawin in the name of late Shri Laturia.

(3.) The Senior Sub-Judge, Bilaspur has also ordered grant of probate in favour of respondents 1/8 share each in the amount of Rs. 17,012-55 paise lying in deposit in the said accounts. However, record shows that only respondent No. 2, Asha Ram had furnished the requisite stamps for drawing succession certificate which was issued to him on 19-4-1986 authorising him to withdraw 1/8 share of the amount of said accounts.