PARVATI Vs. CHHITARMAL

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 1st September, 1984, passed by the District Judge, Alwar, in a petition for grant of probate filed by non-petitioner, Chhitarmal.

(2.) I have heard the learned counsel for the parties and perused the order dated 1st September, 1984.

(3.) It is alleged that the deceased, Smt. Kishan Pyari executed a will on 2nd September, 1978, in favour of the non-petitioner, Chhitarmal. Chittarmal applied for the grant of probate. Smt. Kaushlya caveator raised an objection under Sec. 283(1)(c) of the Indian Succession Act that she may be allowed to contest the grant of probate on the ground that a part of the property did not belong to the testatrix. It was submitted by the caveator that the dipsuted part of the property was of the ownership of her father and after the death of her father she became the sole owner. An objection was raised by the counsel for Chhitarmal, non-petitioner, that Smt. Parvati is having no locus standi and she cannot raise objection which she is raising in the probate proceedings.