JUDGMENT

Sen, J.-The validity of a will executed by the Shivnarayan is under challenge in this case. Shivnarayan s wife had predeceased him. He had two daughters Ramkali and Deokali. Ramkali had six daughters and three sons-Nand Kishore, Santosh and Prakash. Santosh and Prakash were minors at the time of execution of the will. By the will Shivnarayan gave all his properties to the three sons of his elder daughter Ramkali. The will was executed on 2.5.1972. Shortly thereafter, sometime in May, 1972, Shivnarayon was shot dead. Banwari Lal, the husband of Deokali and his brother Rudra were charged with murder. Banwari Lal was acquitted by the court but his brother Rudra was, convicted and sentenced to rigorous imprisonment for life by the Sessions Court. It appears from the facts recorded by the court of Additional District Judge and also the High Court that Ramkali after her marriage started living with her father Shivnarayan along with her husband Balaprasad. All her children were born in the house of Shivnarayan. Shivnarayan had also made arrangements for getting one son and one daughter of Ramkali married. Ramkali and her husband used to look after Shivnarayan in his old age.

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