PADMAWATI JAIN Vs. AJIT KUMAR JAIN

JUDGEMENT

(1.) Bhagirath Mull Jain of Makatpur, Giridih, died on 7-10-1985, leaving behind his widow, Padmawati Jain, three sons, Ajit Kumar Jain, Trilok Chand Jain and Ashok Kumar Jain, and three daughters, Sarita Kumari Jain, Mala Kumari Jain and Munni Kumari. One of the daughters, namely, Munni Kumari died un-married on 2-12-1990.

(2.) The widow, Padmawati Jain filed probate case No. 25 of 1993 for grant of probate of a Will dated 6-12-1983, executed by her late husband in her favour. Her case was that her husband after execution of the said Will handed it over in a sealed cover to Gajraj Ji Bhartiya of Giridih with a direction that after his death, its contents should be read over by him in presence of his legal heirs.

(3.) Only Ajit Kumar Jain, the eldeest son of the testator contested the probate Case. According to him, the Will was forged, fabricated, ante-dated and it was not the Will of the testator, Late Bhagirath Mull Jain. The movable properties for which the Will was said to have been executed were call joint family properties and as such the testator had no right to execute the Will in favour of his wife alone for the entire joint family properties.