LATERAJOSINGH Vs. RAM AUTAR SINGH ALIAS GANESH SHANKAR

JUDGEMENT

(1.) Heard the parties on the petitioners at Flags 5 and 6. The petition (Flag-5) under consideration is one under Section 284 of the Indian Succession Act (hereinafter referred to as the Act) has been filed on behalf of Mst. Gayatri Devi, wife of late Rajo Singh. This caveat has been filed though on behalf of said Gayatri Devi but it has been verified by one Dwarka Singh, son of late Ganga Prasad Singh who has described himself as the sister's son of the caveator, namely, Gayatri Devi. In verification portion, it has been stated that Dwarika Singh has been authorised to make pairvi of the present case, In affidavit portion of the petition, Dwarka Singh has stated that Gayatri Devi is an old woman and suffering from various ailments and as such she has authorised him to swear affidavit on her behalf.

(2.) The objector has objected to the grant of probate solely on the ground that the applicant executor has produced a forged and fabricated document in the form of will and late Rajo Singh had not executed the said will on 19-5-1972. Other various objections have been raised by the objector for grant of probate of the said will.

(3.) A counter-affidavit has been filed on behalf of the applicant to the aforesaid caveat filed on behalf of Gayatri Devi. In the said counter-affidavit, it has been stated, inter alia, that Gayatri Devi is aunt of the petitioner, namely, Ramawatar Singh and she is not altogether an illiterate lady rather can put her signature very well in Hindi. The Vakalatnama surprisingly does not bear the signature of Gayatri Devi and as such the said Vakalatnama cannot be said to have been executed by Smt Gayatri Devi. It is stated that as a matter of fact Gayatri Devi had no reason whatsoever to contest the present proceeding and the will in question, inasmuch as, her interest has been retained by the aforesaid will. As a matter of fact, Gayatri Devi has been given life interest in all the properties to enjoy the same according to her wish during her lifetime. She is in possession of the said property and enjoying the usufructs therefrom and so there is no reason for Gayatri Devi to contest the said will. It is stated that Late Rajo Singh and Gayatri Devi have no issue and as her interest has been protected by the said will, there does not seem any intention for her to contest the present proceeding. In a nutshell, it is stated by the petitioner executor that keeping Gayatri Devi in background, some one is pulling string from behind in order to grab the entire property of Late Rajo Singh and thereby trying to oust said Gayatri Devi even from her life interest.