RATTAN MANI Vs. MOHINDER KUMAR

JUDGEMENT

(1.) THE question of law to be determined in this appeal, is whether in absence of naming executor in the will, probate can be granted in favour of beneficiary. In order to resolve the controversy involved in this appeal, some brief facts are required to be given.

(2.) AN application was filed by the respondents seeking issuance of probate of will dated 19 -8 -1983 executed by testator late Misru Ram in their favour. It is mentioned that the applicants are the sons of Late Misru Ram, who has expired and prior to his death, he had executed a will dated 19 -8 -1983 registered with Sub Registrar, Billawar whereby he has bequeathed his property movable and immoveable in equal share in favour of respondents 1 to 3. The deceased Misru Ram was owner in possession of large chunk of land, details of which are not required to be given, as the same are not in dispute. The details of property are indicated in the impugned order.

(3.) LEARNED District Judge, Kathua after hearing the parties and examining the witnesses, issued a probate vide order dated 30 -11 -2007 in favour of the respondents. It is this order, which is the subject matter of challenge in this appeal.