SHRI SHYAM DASS Vs. SHRI PRAVEEN KUMAR

JUDGEMENT

(1.) THIS Civil Misc. Appeal relates to grant of probate to a will executed on 6. 9. 1969 by Ayodhya Bai. The appellants were petitioners before the District Judge, Ajmer and their application for grant of probate of the will was rejected mainly on the ground that several suspicious circumstances surrounded the alleged will. The objector respondents are adopted son of Ayodhya Bai and his natural father, who is also the brother-in-law of deceased Ayodhya Bai.

(2.) THERE were three brothers Bai Kishan, Ram Kishan and Gopi Kishan. Bai Kishan died at the very early age leaving behind his widow Ayodhya. They had no child hence in 1964 Ayodhya Bai adopted Praveen Kumar son of her husband's brother Gopi Kishan. Ayodhya Bai devoted her time by staying at Pushkar, Ajmer and Indore while Praveen Kumar stayed at Ajmer. The appellant No. 1, who is the brother of Ayodhya Bai is living at" Indore and Ayodhya Bai used to stay with him while at Indore. Ayodhya Bai died on 14. 4. 1979 at Pushkar at the age of approximately 60 years. She was living there all alone and none of the relation; were by her side when she died. The last rites were performed by Praveen Kumar and on 13th day a list of articles were prepared which were found in the house of deceased Ayodhya Bai at Pushkar. Besides the articles of every day use in this list Ex. A. l, it is mentioned that there was a clock, spectacles, religious books and other papers. Two silver bangles, three copies of a will dated 27. 03. 1969 and three copies of a will dated 6. 08. 1969. This list has been signed by both the appellants, respondents and a couple of other persons. It is the will dated 6. 08. 1969 for which the appellants applied for grant of probate.

(3.) THE learned District Judge, Ajmer rejected the evidence of the appellants mainly on the suspicious circumstances surrounding the will. First of all it was signed by 'ayodhya Bai' and not 'ayodhya', no evidence about the partition prior to the execution of will, why property has been bequeathed to the Geeta Press, Gorakhpur when it could be given to any one in Pushkar itself, she was not literate person so as to approve the draft of the will, why young persons were made attesting witnesses to the will and why the will was not produced before 13th day after the death of Ayodhya Bai etc.-