GULABKHAN IMAMKHAN Vs. AMIN MAHOMEDSHA FAKIR

JUDGEMENT

(1.) The petitioners prayed for probate of the Will of one Mariambi who died at Poona on May 16, 1922. The petition was opposed by her nephew who contended that the Will wag a forgery, and that in any event the petitioners were not appointed executors under the Will. The Judge found that the Will was not a forgery, but dismissed the petition on the ground that the petitioners had not been appointed executors by the Will.

(2.) We think that decision was wrong. The testatrix in her Will stated that moveable and immovable estate of about Rs. 880 was with her and she was the owner thereof. She then directed that her body should be buried and subsequent ceremonies performed according to her religion, and the expenses in connexion therewith should be defrayed from out of the proceeds of sale of her ornaments. She appointed certain persons as panchas on her behalf who, after her death, were to look after the immovable property, defray the expenses, collect the rents, and out of the nett rent they were to defray the proper expenses in connexion with the Masjid where the testatrix was living.

(3.) If any money out of the sale proceeds in respect of the said ornaments remained after defraying the expenses of her funeral, etc., the panehas were to spend the same for purposes connected with the Masjid according to the opinion of the majority. After directing that her nephew had no manner of right or inheritance over the immovable and moveable property, the testatrix said that after her death she had appointed the said panchas as full mukhtyars.