HUKMI CHAND Vs. BHANWARI

JUDGEMENT

(1.) THIS is an appeal against an order of the District Judge, Nagaur, refusing to grant letters of administration with the will annexed in respect of the estate of one Lakshmi Chand of Nagaur.

(2.) HUKMI Chand, who is the brother of the deceased Lakshmi Chand, applied to the District Judge for grant, of letters of administration with the will annexed, and produced a will stated to have been executed by Lakshmi Chand on the 15th of January, 1948. The will was a registered one, having been registered on the 23rd of January, 1948. Lakshmi Chand died on the 11th of February, 1948, and the petition was presented on the 31st of August, 1948. The petition was opposed by Mt. Bhanwari, widow of Lakshmi Claand. The learned District Judge found that the will had been duly executed by Lakshmi Chand, and that Lakshmi Chand was not so ill on the date as not to be in full possession of his senses. He, however, refused to grant the letters of administration with the will annexed on the ground that the testator purported to dispose of the property which was a coparcenary property of Lakshmi Chand and his brother HUKMI Chand. He has also observed that the deceased made no provision for the maintenance of his widow in the will, which practically amounted to defeating her legal right to maintenance, which he had no authority to do. He also held that (amongst?) Digamber Jains, a person could not device his property in favour of his brother when he had a wife living. The petitioner HUKMI Chand, has come in appeal.