HARIHAR SINGH Vs. RAMA SHANKAR SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has come up to this Court challenging in revision the order dated 11.5.2006 passed by the learned 1st Additional District Judge, Rohtas at Sasaram in analogous Title Suit No. 7 of 1992 and 8 of 1992 by which he has allowed the petition for substitution of the petitioners (opposite parties) in Title Suit No. 8/92.

(3.) LEARNED counsel for the petitioners submits that in terms of the provisions of the Indian Succession Act, 1925 , the said Ram Dulari Devi did not get title to the property under the Will dated 22.2.1986 since the same was never probated and therefore she could not have transferred to any extent, the title to the present opposite parties and thus what she gave is only a bag of air as gift. Learned counsel further submits that on the basis of the provisions of Sec. 221 of the Act she has not been appointed as an administrator and she cannot deal with the property to gift it away, because the same would amount to diminution of the interest in the 'estate of the testator of the Will which is not permissible under Section 221 of the Act. The further submission of the learned counsel is that the petitioners are strangers to the property and to the inheritance. In that situation, in view of the specific provisions contained in Sections 232 and 234 of the Indian Succession Act, they have no right to initiate a proceeding and in that situation, they cannot have right to be impleaded through the back door, being donee pf the universal legatee.