IN TESTAMENTARY PETITION Vs. STATE

JUDGEMENT

(1.) THIS is a petition for grant of probate filed on 9 4 -69 by one Shri Champalal Banthia and another Shri Laherchand Sethia. The latter petitioner has since then died.

(2.) ONE Ganeshilal Maloo of Bikaner was a multi millionaire and had large properties situated in Rajasthan Bihar and East Pakistan. He had a son Dalchand Maloo, who predeceased him in the Svt. year 1974. Ganeshilal himself expired in the Svt. year 1975 Dalchand's mother died in the Svt. year 1980. Dalchand had a daughter, who also died some time before 1951 leaving two sons and two daughters behind. Dalchand's widow Mst. Raj Kanwari Maloo died in the year 1957. It is alleged that before her death that is on 5 7 -51, she made a will of the properties inherited by her through her deceased husband. The will is Ex 1 The petitioner had filed an application for probate in the court of District Judge, Bikaner, but upon discovering that the High Court could alone grant a probate in respect of the properties situated out -side Rajasthan and exceeding Rs. 10,000/ - in value, the present petition has been preferred by them in this court.

(3.) ABOUT Rs. 8,600/ - were directed to be paid to various persons named in the will. Of the remaining amount;