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2007 Supreme(Pat) 1310
PATNA HIGH COURT
Syed Md.Mahfooz Alam, J.
Ram Chandra Prasad Keshari
Versus
Lakshmi Narain Jaiswal(Dead) Represented By His Legal Representatives
Appeal from Original Decree No. 272 of 1976 ;
Decided On : AUGUST 08, 2007
The main legal point established in the judgment is the requirement to establish that a Will was not executed under suspicious circumstances for the grant of probate.
Headnote:
Probate - Validity of Will - Indian Succession Act, 1925 - Sec. 59, Sec. 63 - The court held that the Will in question was not genuine, valid, and operative, and the plaintiff was not entitled to the grant of probate. The court discussed the requirements of a valid deed, the execution of unprivileged Wills as per Sec. 59 and Sec. 63 of the Indian Succession Act, 1925, and the suspicious circumstances surrounding the alleged Will. The court emphasized the need to establish that the Will was not executed under suspicious circumstances for the plaintiff to be entitled to probate.
Fact of the Case:
The plaintiff claimed to be the grandson of the deceased and sought probate of a Will allegedly executed by the deceased in his favor. The defendant contested the claim, alleging that the Will was forged and fabricated.
Finding of the Court:
The court found that the Will in question was not genuine, valid, and operative, and the plaintiff was not entitled to the grant of probate.
Issues: The main issues involved in the suit were the maintainability of the suit, cause of action for the suit, the genuineness, validity, and operativeness of the Will, and the plaintiff's entitlement to the grant of probate.
Ratio Decidendi: The court emphasized the need to establish that the Will was not executed under suspicious circumstances for the plaintiff to be entitled to probate. The court also clarified the status of the respondent as a tenant and directed the District Magistrate to take possession of the property left by the deceased.
Final Decision: The appeal was dismissed, and the District Magistrate was directed to take immediate possession of the property left by the deceased, which was deemed to have vested in the State of Bihar.
Syed Md.Mahfooz Alam, J.
1. This appeal has been preferred against the judgment and decree dated 10.4.1976 passed by Sri Ram Swarath Shahi, Additional District Judge lllrd, Patna, in Title Suit No. 27 of 1975, whereby he has been pleased to dismiss the suit of the plaintiff-appellant for grant of probate of the Will dated 10.1.1970 alleged to have been executed by Most. Gujari Devi.
2. Plaintiffs case, in brief, is that Most. Gujari Devi w/o late Madan Lai Kesharwani was the resident of Mohalla Dalhatta Patna City, P.S. Malsalami, District, Patna. The plaintiff claims to be the grandson in relation of the said Gujari Devi and being her grandson he was residing with Most. Gujari Devi and was looking after her affairs. The said Gujari Devi was very much pleased with the services rendered to her by the plaintiff and, so, she had full love and affection with the plaintiff and in token of love and affection she executed a Will in favour of the plaintiff with respect to her entire property. After execution of the said Will Most. Gujari Devi died on 25.3.1970 at her residence at Mohalla Dalhatta and so, the necessity of obtaining probate of the Will arose. Accordingly, a probate case bearing no. 158 of 1970 was filed before the District Judge, Patna for grant of probate of the Will dated 10.1.1970. It is further said that the deceased Most. Gujari Devi had not left any near relative behind her and, so, initially no relative of the deceased was made party to the application filed for grant of probate. One Shri Laxmi Narayan Jaiswal, the original respondent appeared and filed caveat in the probate case and after contest the probate case was converted into Title Suit.
3. The case of the original respondent Sri Laxmi Narain Jaiswal as per the written statement filed by him, in brief, is that the plaintiff Ram Chandra Prasad Keshari has no locus standi to file the probate case as deceased Gujari Devi had not executed any Will in favour of the plaintiff on 10.1.1970 and, as such, any such document is forged and fabricated and the same was manufactured long after her death to cook up false claim in respect of her properties. It is stated that Most. Gujari Devi had filed S.C.C. suit no. 108/83 of 1968 before the Sub-Judge, Patna against Laxmi Narain Jaiswal (original defendant) for recovery of arrears of rent in respect of Holding No. 92/94, Circle No. 207, Ward No. 30 which was in his occupation. In that S.C.C. suit after the death of Gujari Devi, the plaintiff Ram Chandra Prasad Keshri filed an application for substitution on 30.4.1970 but on that date he did not disclose that Most. Gujari Devi had executed any Will in his favour, rather, the plaintiff preferred substitution petition claiming to be the heir of Most. Gujari Devi. In the said S.C.C. suit the original defendant filed objection and stated that the plaintiff Ram Chandra Prasad Keshri is not related to Most. Gujari and cannot be impleaded as party being heir of Most. Gujari Devi, whereupon, the Court directed the plaintiff to file genealogy to establish his relationship with Most. Gujari Devi but the plaintiff failed to file any genealogical table and, as such, the prayer of the plaintiff for impleading him as party in S.C.C. suit in place of Most. Gujari was rejected on 20.11.1970. The plaintiff again tried to be impleaded as a party in T.A. No. 47/39 of 1968-70 in place of Most. Gujari Devi but could not succeed and when the plaintiff failed in his attempt to be impleaded as party in S.C.C. suit and in appeal, he filed probate case on the basis of forged, fabricated, manufactured and ante dated "Sada" Will in order to usurp the property of Most. Gujari Devi. Further case of the defendant is that Madan Lal Keshri, the husband of Most. Gujari Devi died issueless leaving behind his widow Most. Gujari Devi. The plaintiff was working as a trainee employee in the business of the husband of Most. Gujari Devi and he colluded with other employees to grab her property and with t
