NISHA JAIN (SMT.) Vs. PUBLIC IN GENERAL

JUDGEMENT

(1.) This civil misc. appeal has been filed under section 299 of the Indian Succession Act, 1925 (hereinafter 'the Act of 1925') against the order dated 31.1.2011 passed by the District & Sessions Judge, Kota (here-in-after 'the trial court') dismissing the application of the applicant appellant (here-in-after 'the applicant') under section 276 of the Act of 1925 for grant of probate of a will dated 5.2.1994 stated to have been executed by one Sushil Kumar.

(2.) The facts of the case are that the applicant took proceedings under section 276 of the Act of 1925 before the District Judge, Kota for grant of probate of a will dated 5.2.1994. It was stated that the testator Sushil Kumar s/o Bhanwar Lal resident of House No. 846, Shastri Nagar, Kota had executed a will in favour of the applicant duly attested by AW2 Rajendra Kumar and by Kamklakar Sharma in his presence. It was submitted that Sushil Kumar had purchased the property bearing No. 220B, Sector-B, Talvandi Scheme, Kota through a registered sale deed dated 10.4.1989, was in possession thereof as its sole owner and therefore, was entitled in law to execute a will in regard thereto. It was submitted that Sushil Kumar died on 24.1.1996 consequent to which the will became operational where-under the property in issue House No. 220B, Sector-B, Talvandi Scheme, Kota devolved on the applicant under the will. It was prayed that in these circumstances the will dated 5.2.1994 executed by Sushil Kumar qua the suit property be probated.

(3.) Notices in accordance with the provisions of law were duly issued by the court below on the application under section 276 of the Act of 1925 before it. This included publication in the daily newspaper 'Dainik Bhaskar' on 25.3.2009. No objections to the grant of probate of the will dated 5.2.1994 as sought by the applicant was filed or received by the court below and the probate proceedings remained uncontested.