SAROJ DEVI Vs. SHANTI MISHRA

JUDGEMENT

(1.) HEARD counsel for the petitioner.

(2.) IN the opinion of this Court the impugned order does not suffer from any jurisdictional error, inasmuch as Smt. Shanti Mishra a daughter of the propounder to the Will whether natural or adopted has definitely a right to be heard as with regard to a probate proceeding concerning the Will of her father. To that extent the petitioner 'sobjection to impleadment of Shanti Mishra is in teeth of the provisions of Section 283 of the Indian Succession Act. The grievance of the petitioner that Shanti Mishra ceased to be daughter of late Bhagwath Nath Mishra after her being adopted by one late Kamal Nath Tiwari and therefore, not competent to contest the probate proceeding, in the opinion of this Court is rather premature and in fact the court below has rightly proceeded to hold that this issue would be gone into at the time of final disposal of the probate proceeding.

(3.) COUNSEL for the petitioner fairly submits that there is no registered deed for adoption of Shanti Mishra and in that view of the matter, there can also be no presumption of adoption in terms of Section 16 of the Hindu Adoption and Maintenance Act.