SMT. SHRI DEVI Vs. SMT. DEWANTI DEVI

JUDGEMENT

(1.) Appellant/ legatee filed instant appeal under Section 299 of the Indian Succession Act against the judgment dated 01.06.2012 and decree dated 07.06.2012 passed by the Additional District Judge - II, Jehanabad in Probate Case No.01 of 2006 leading to Title Suit No.02 of 2008 whereby and whereunder dismissed the petition.

(2.) Appellant/ legatee Smt. Shri Devi filed Probate Case No.01 of 2006 relating to registered Will dated 23.03.2004 allegedly executed by Mosmat Jeera Devi relating to Schedule -1st Property in her favour. Pappu Kumar has been identifier, Shyam Narayan Prasad and Vijay Shankar Prasad have been shown to be the witnesses. To substantiate the same, it has been pleaded that Mosmat Jeera Devi, wife of Late Dilkeshwar Mistri held and possessed the property detailed under Schedule -1 of the petition. It has further been pleaded that aforesaid Mosmat Jeera Devi being pleased with the services rendered by the applicant, who was her tenant, executed a registered deed of Will dated 23.03.2004 with respect to the properties detailed under Schedule -1 of the plaint in favour of applicant including other properties though not detailed. It has further been ascribed that Mosmat Jeera Devi died on 02.05.2005 at Mohalla -Ramdhanpur Narhar Kothi, Gaya. It has further been pleaded that aforesaid Will happens to the last Will of deceased Mosmat Jeera Devi. It has also been pleaded that Mosmat Jeera Devi had her fixed place of abode at Mohalla Mandvi, Panchmahal, P.S. and District -Jehanabad and in likewise manner, the properties detailed under Schedule -1 of the petition also lie within the original jurisdiction of the Court. It has also been pleaded that there happens to be no impediment in granting probate. The aforesaid petition was verified by one of the witnesses of the Will namely Shyam Narayan Prasad, apart from applicant herself.

(3.) Respondent, Dhanwanti Devi though not a party at an initial stage appeared on her own and filed objection wherein apart from raising ornamental objections, it has been pleaded that aforesaid Mosmat Jeera Devi was murdered by the husband of the applicant and for that, a criminal case was registered and the F.I.R., post mortem have been made Annexure. It has further been pleaded that as the dead body was not identified at an initial stage of investigation, therefore, photo was kept preserved, which was identified by one Jhallu Mistri of village Amarpura. The husband of applicant was facing trial on account of submission of chargesheet against him.