KALO Vs. GENERAL PUBLIC AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellants have challenged the judgment passed by the Court of learned District Judge, Chamba, in case Succession Act No. 1 of 2007, dated 02.01.2010, vide which, learned Court below had dismissed the application for grant of Probate so filed before it by the predecessorininterest of the present appellants.

(2.) Brief facts necessary for adjudication of the present case are as under:

(3.) Predecessor in interest of the present appellants, namely, Smt. Kalo (hereinafter referred to as 'petitioner') filed an application under Section 276 of the Indian Succession Act, 1925 before the learned trial Court praying for probate of Will so executed by Smt. Panjku, dated 08.01.1998, which as per the petitioner stood executed by deceased Panjku, who died on 26.08.2000. As per averments made in the probate petition, it stood mentioned therein that Smt. Panjku, before her death on 26.08.2000, had executed her last Will on 08.01.1998 whereby she had appointed the petitioner as the sole executor and left and bequeathed her entire estate in her favour. It further stood mentioned in the petition that Will in issue was registered and stood executed by the deceased in the presence of witnesses, whose names appeared in the Will and the Will in issue stood attested by them. It was further mentioned in the petition that deceased was a Hindu, governed by Hindu Succession Act and was survived by three daughters i.e. respondents No. 2 to 4 therein and was predeceased by her husband. It was also mentioned in the petition that respondents No. 5 and 6 therein were the legal representatives of late Shri Ashok Kumar, who was the nominee of deceased Panjku. It was mentioned that petitioner was the same person i.e. Smt. Kalo, who was named in her Will by the deceased and, as such, she was entitled to the probate thereof.