SHIVAKESHWAR TEWARI Vs. GIRIRAJ KISHORI DEVI

JUDGEMENT

(1.) The petition filed on behalf of the petitioner for allowing him to intervene in Probate Case No. 1 of 1980 has been refused by the District Judge, Palamau by his order dated 20th June, 1980, which has been challenged in this revision application.

(2.) An application under Section 276 of the Indian Succession Act (briefly 'the Act') was filed on behalf of the opposite party No. 1 for granting probate of the Will executed on 5th August, 1951 by Durga Vinayak Prasad. In that case the petitioner filed an application for allowing him to intervene. According to the petitioner, as stated in the present revision application, Durga Vinayak Prasad revoked the Will dated 5th August, 1951, and he died intestate on 16th Feb., 1967, leaving behind his widow as the only heir. The widow executed a Will on 2nd July, 1971 in respect of the properties which are the subject-matter of both the testamentary papers. By the Will dated 2nd July, 1971, she bequeathed the properties to the petitioner. The petitioner, therefore, claimed that he has an interest in the properties and he should be allowed to intervene in the aforesaid probate case.

(3.) After hearing the parties, the Court below held that as the petitioner has not obtained any probate or letter of administration in respect of the Will executed by the widow on 2nd July, 1971, the petitioner cannot be said to have any interest in the estate of Durga Vinayak Prasad. On this ground the application of the petitioner was rejected by the Court below.