KASHI NATH SINGH Vs. DULHIN GULZARI KUER

JUDGEMENT

(1.) This is an appeal against a decree of the Additional District Judge of Shahabad, granting letters of administration with a copy annexed thereto of the will of one Mt. Barta Kuar, who died on or about 18 July 1929. The will, which was an unregistered will, was executed about a week prior to her death. By it Mt. Barta Kuar bequeathed the whole of her property to her great-grandson, Ram Chander Singh who was then a child of two or three. At the time when the will was executed there were other relations of Mt. Barta Kuar living, namely, a son, Charitar Singh, a daughter Mt. Rajwanti Kuar and her son, Sobhnath Singh and a great grandson, Radha Mohan Singh. The sole legatee, Earn Chander Singh, is the son of Radha Mohan Singh and the respondent, Dulhin Gulzar Kuar.

(2.) In the will Mt. Barta Kuar explained why she had decided to bequeath her property to the child, Ram Chander Singh, instead of to any of these persons. At the end of the will, there was also a specification of the property which the testatrix purported to dispose of. It consisted of a house in the town of Arrah together with an orchard and some kasht land and an interest in each of two revenue paying estates.

(3.) On 2 January, 1930, that is, within less than six months of Mt. Barta Kuar's death, an application was made to the Collector of Shahabad asking, that the name of the sole legatee, Ram Chander Singh, should be entered in register D instead of that of Mt. Barta Kuar, as a co-proprietor in the two revenue paying estates. This application was successful. Shortly afterwards, on 4 August 1930, an application was made to the Municipality asking that the name of Ram Chander Singh should similarly be entered in the municipal registers as the owner of the house. The house was, however, not recorded in the name of Mt. Barta Kuar, but in the name of her son, Ram Chariter Singh.