MAHENDRA SINGH Vs. AMBA KUNWAR

JUDGEMENT

(1.) THIS appeal under Section 384 of Indian Succession Act 1925, read with Section 96 C. P. C. and Order 41 Rule 1 C. P. C. has been filed against the judgment and decree of learned District Judge, Jaipur City, dated 28th March, 1979, in Civil Miscellaneous Case No. 18 of 1976, by which the petition of the appellant for grant of probate of the Will of deceased Virendra Singh was dismissed.

(2.) THE appellant petitioner filed petition for grant of probate regarding Will of Virendra Singh his elder brother. Testator expired in Jaipur on June 12, 1974. According to the averments made in the petition, deceased executed a Will in favour of the petitioner on May 25, 1974, which is said to be his last Will and the petitioner is the sole legatee named therein. THE deceased-testa tor, at the time of his death left movable and immovable properties detailed in Annexure A enclosed with the petition, situated in Jaipur and That. THE properties include a three storeyed Haveli in Jaipur and some agricultural land in village That A caveat was filed by widow and children of the testator. THE material averments made in the petition were denied by the caveaters in their written objections. According to the caveaters, the Will propounded by the petitioner is not a genuine or real Will of deceased testator, and is purely a fabricated and forged document. After recording evidence of both the parties and hearing arguments the trial court dismissed the application of petitioner and held that the Will Ex. 1 does not appear to be real and genuine document and was not executed by the testator Virendra Singh.

(3.) IN the case of Nand Kumar Singh v Chander Kishore Saran (2), it was held that the onus probandi lies in every case upon the party propounding a Will and he must satisfy the conscience of the Court that the instrument so propounded is the last Will, of a free and capable testator.