SURAJ DEVI Vs. SITA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17th May, 1994 passed by Hon'ble single Judge of this Court in S. B. Civil Misc. Appeal No. 2 of 1994, confirming the judgment dated 4-12-93 passed by the District Judge, Jodhpur, granting Probate of a Will under the Indian Succession Act, 1925.

(2.) The facts giving rise to the appeal, stated in brief, are that one Shri Sohan Lal expired on 9-10-89, leaving a Will in respect of his properties. He was employed as a Mistry in the Rajasthan State Electricity Board and had retired from service months before his death. Proceedings were, therefore, initiated under the Indian Succession Act to obtain Probate of this Will. Grant of Probate was opposed by the present appellant Smt. Suraj Devi, widow of Sohan Lal Mali on the allegation that the Will is a forged document. It has been created to deprive her of her succession rights, she being legally married wife of Sohanlal.

(3.) In the proceedings, it was submitted by the respondent Sita Devi, in whose favour the Will is made, that Suraj Devi was divorced in 1948 and the deceased Sohanlal stayed with his brothers and sister and the sister used to look after him and, therefore, out of natural love and affection the Will was voluntarily executed by Sohanlal. Taking into consideration the entire evidence on record, the learned District Judge came to a conclusion that the Will was genuine, it was duly proved as required by S. 63 of the Indian Succession Act. He, therefore, ordered grant of Probate.