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1998 Supreme(Del) 113

USHA MEHRA
MATHEW JACOB – Appellant
Versus
SALESTINE JACOB – Respondent


Advocates Appeared:
M.L.Mehra, SANJIV SINDHVANI

Usha Mehra, J.

( 1 ) APPELLANTS are the sons of late J. Massey. They have felt aggrieved for the grant of letter of administration in favour of respondent No. 1 by the Additional District Judge Vide order dated 1st August, 1996. The main cause of appellants grievance is that the deceased J. Massey never executed the alleged Will. The purported signatures of J. Massey on the alleged will had been forged, even otherwise the alleged `will create suspicion. It is not a genuine `will because in no circumstances the testator could have deprived his natural legal heirs from inheritance in preference to respondent No. 1. Moreover, the `will had not been proved properly. Only one attesting witness Shri Dev Raj was adduced, whose statement could not be relied upon. No explanation has been rendered by the respondent for non-production of the second witness.

( 2 ) IN order to appreciate the challenge, let us have quick glance to the facts of this case. Smt. Selestine Jacob respondent No. 1 herein was the second wife of deceased J. Massey. She married the deceased in the year 1949, from this wedlock they had been blessed with three children i. e. two sons and one daughter. Deceased J. Mass








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