NAND LAL Vs. VIDYA DEVI

JUDGEMENT

(1.) THE present appeal is directed against the order passed by learned District Judge, Bilaspur dated 1st March, 2004 in Succession Petition No. 1/2003/2002.

(2.) BRIEF facts necessary for the adjudication of this appeal are that the predecessor -in -interest of respondents, Shri Sita Ram filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate. It was stated that Smt. Santi daughter of Shri Hiru had been owner in possession of land described in Khata/Khatauni Nos. 38/38 and 37/37, Khasra No. 182/139, 17 and 96 as per jamabandi for the year 1996 -97 situated in revenue estates Manan and Kanjuyota, Pargana and Tehsil Sadar, District Bilaspur. Earlier the property in dispute was owned and possessed by Shri Santu. He was brother of Smt. Santi. He died on 26.3.1983. After the death of Shri Santu, the land in dispute had devolved on Smt. Santi by succession. She executed the last and final Will Ex.P -XX of her estate in favour of Shri Sita Ram on 8.5.1984. After the death of Smt. Santi, Shri Sita Ram had become owner in possession of the land in dispute. The present appellant resisted the petition on the ground that Shri Sita Ram had become owner in possession of the land in dispute. The present appellant resisted the petition on the ground that Shri Sita Ram was not legal heir of Smt. Santi and she had not executed any Will in his favour on 8.5.1984. The learned District Judge, Bilaspur granted probate of the estate of Smt. Santi on the strength of registered Will Ex.P -XX in favour of Shri Sita Ram. The present F.A.O. is directed against order dated 1.3.2004.

(3.) I have heard the learned Counsel for the parties and perused the record carefully.