JAWAHAR LAL SHARMA Vs. PRABHAWATI DEVI

JUDGEMENT

(1.) The present appeal had been filed under Section 299 of the Indian Succession Act, 1925, against the judgment and decree dated 28.07.2015 passed in Title Suit No.05 of 2008.

(2.) It is an admitted case of the parties that the appellant and respondents are son and daughters of the testator. The Will has been found genuine and valid, as per the finding recorded by the Probate Court.

(3.) The Probate Court had travelled beyond the issue framed by it while considering the lease deed and returned the finding that the lease has expired on 01.01.1997, during the lifetime of testator, who died on 07.07.2006 and on this factual foundation, finding has been recorded by the Probate Court that there is no existence of property and as such no probate can be granted.