LATERAJOSINGH Vs. RAMANTAR SINGH ALIAS GANESH SHANKAR

JUDGEMENT

(1.) This order will dispose of the caveat filed by Smt. Manorma Devi objecting to the grant of probate of the will of Late Rajo Singh. The applicant has challenged the locus standi of the caveator. The relevant facts are as follows.

(2.) Rajo Singh died issueless leaving behind a widow Smt. Gayatri Devi on June 5, 1974. Ramautar Singh alias Ganesh Shanker who claima to be bis nephew filed the application for grant of probate of the will said to have been executed by Rajo Singh on May 19, 1972. Notice of the application was issued to Gayatri Devi. A general citation was also published in the newspapers. On April 9, 1991 Gayatri Devi appeared and filed two petitions one for transfer of the case to the District Judge, Gaya and the other, to dismiss the application for Probate. By orders passed on December 13, 1991 and March 27,1992 respectively, the petitiones were rejected with an observation that she may file caveat in accordance with law. it may be stated here that the said two petitions had been verified and affidavited by Smt. Manorma Devi describing herself as Bhabhi (brother's wife) of Gayatri Devi. Thereafter two witnesses were examined and discharged on July 10 and July 31,1992. Gayatri Devi filed caveat on May 25,1993. The said caveat was affidavited by one Dwarika Singh. The office pointed out certain defects. An affidavit was later filed on November 9,1993 stating that the petition dated May 21,1993 be treated as part of the affidavit. Another caveat, this time in the prescribed from, was filed by her on November 16,1923. Nothing, however, was stated as to the objection to grant of probate. The maintainability of the caveat was heard. On behalf of the applicant plea was taken that the caveat had been filed by imposters and Gayatri Devi was not being allowed to come in the picture. It was also pointed out that the delay in filing affidavit, which is required to be filed within 8 days of the lodging of caveat, had not been explained. This Court accepted the contentions urged on behalf of the applicant and by order dated February 7,1994 rejected the caveat. Gayatri Devi later died on June 10,1994. The present caveat by Manorma Devi was filed on December 13, 1994.

(3.) The caveator apart from taking the usual plea that the will in question is forged and fabricated has stated that Gayatri Devi had made a gift of the entire property left behind by Rajo Singh in her favour under registered deed dated February 21,1990. She has also stated that the applicant herein had instituted Title Suit No. 29/90 to restrain Gayatri Devi from making transfer of the property and, after the execution of the deed, to add her (Manorma Devi) as party defendant which was rejected by the Court.