PANCHAM SINGH Vs. AM JANATA

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 22.9.1997 passed by 2nd Additional District Judge, Aurangabad in Probate Case No. 3 of 1986/2 of 1993 by which the court has rejected the application of the applicant to grant probate of a Will dated 1.8.1983 executed in favour of the applicant by one Hari Bansh Kuer wife of Ramjatan Singh of village -Baruna. The case of the appellant is that Hari Bansh Kuer executed a deed of Will in his favour on 1.8.1983, out of love and affection as the appellant had taken care of her. She has transferred all her lands in favour of the appellant.

(2.) IT has further been stated by the appellant that the executant was an agnate and the relationship was that she was the grandmother of the appellant. Since the applicant had not impleaded any one as an objector in this case, the court had ordered that a general notice be issued to the public at large regarding the case.

(3.) THE only issue to be decided in this case whether the appellant is entitled to get the benefits of the Will dated 1.8.1983?