THORU RAM Vs. RATTAN LAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal under Section 6 of the Probate and Administration Act, 1977 (1920 A. D) is directed against learned Additional District Judge, Reasi's judgment of March 27, 2008 granting Probate to respondent No.1 for Sh. Devi Ditta's Will of March 10,1997.

(2.) Calling in question the judgment impugned in the appeal, appellant's learned counsel Sh. Vikram Sharma submitted that the Additional District Judge had acted in violation of the provisions of Section 6 of the Act in granting Probate to respondent No. 1 when Devi Ditta, the testator, had not appointed anyone as the executor of his Will. He submitted that appointment of an executor by a testator being the sine-qua-non for entertaining a petition to grant Probate of the Will, respondent No. 1's application seeking grant of Probate to him in the absence of his having been nominated as an executor by the testator's appointment was liable to be rejected.

(3.) Per contra, Sh. J. P. Sharma submitted that being the beneficiary under the Will, respondent No. 1 had every right to seek Probate for testator's last will. I have considered the submissions made at the Bar.