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2000 Supreme(SC) 1615

K.T.THOMAS, R.P.SETHI, S.N.VARIAVA
Joginder Pal – Appellant
Versus
Indian Red Cross Society – Respondent


JUDGMENT

S.N. Variava, J.-Leave granted.

2. This Appeal is against a Judgment of the Punjab and Haryana High Court dated 5th October, 1999 by which the second Appeal filed by the Appellant herein has been dismissed.

3. Briefly stated the facts are as follows :

One Ms. Raj Mohini possessed moveable and immovable properties. She was unmarried and did not have any issue. She executed a Will dated 2nd April, 1985 in favour of the 1st Respondent, which is the Indian Red Cross Society. The Appellant is related to Ms. Raj Mohini. He is the son of the maternal uncle of the lady. On 12th June, 1987 Mr. Raj Mohini executed another Will by which she cancelled the earlier Will and bequeathed all her properties to the Appellant. The said Raj Mohini died on 27th April, 1998. (For sake of convenience she will hereinafter be referred to as the said deceased.)

4. The 1st Respondent applied for a Succession Certificate in respect of the movable assets of the said deceased. They claimed to be beneficiaries under the Will dated 2nd April, 1985. When the Appellant learnt about this Application he got himself impleaded as a party to that Application. The Appellant also filed a Petition for probate of the Wil




































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