PRADEEP NANDRAJOG
K. C. Bajaj – Appellant
Versus
udershan Kumari – Respondent
Pradeep Nandrajog, J.
1. The dispute in the above captioned appeal is between the family members/legal heirs of Late Smt. Krishna Devi Ahuja (hereinafter referred to as the testatrix).
2. The genealogy tree of the family of Late Smt.Krishna Devi Ahuja is as under:
Krishna Devi Ahuja (Testatrix) I I
------------------------------------------------
I I I
Krishan Kumar Ahuja(Son, non-objector) Ashok Kumar Ahuja(Son, objector) Usha Bajaj(Daughter)I
----------------
I I
Anil Bajaj (Son) Ameeta Bajaj(Daughter)
3. Testatrix left the world of the living on 22.07.1982. Her husband had predeceased her, having died somewhere in the year 1967 or 1968.
4. On 21.09.1987, Smt. Usha Bajaj (hereinafter referred to as the propounder) filed a petition under Section 276 of the Indian Succession Act 1925 seeking probate of a will dated 02.11.1977 purportedly executed by the testatrix. Inter alia, to establish that the will was validly executed by the testatrix attention of the court was drawn to the contemporaneous conduct of the testatrix vis-a-vis the contents of the will. It was pleaded that during her lifetime the testatrix had already implemented a substantial part of the bequest by transfer
1. Chandra Majumdar v. Akhil Chandra Majumdar AIR 1960 Cal 551
6. Judah v. Isolyne AIR 1945 PC 174
9. Madhukar D. Shende v. Tarabai Aba Shedage 2002 1 SCR 132
10. Motibai Hormusjee Kanga v. Jamsetjee Hormusjee Kanga AIR 1924 PC 28
11. Mst. Gomtibai v. Kanchhedilal AIR 1949 PC 272
13. Rabindra Nath Mukherjee v. Panchanan Banerjee AIR 1995 SC 1684
14. Ramabai Padmakar Patil v. Rukminibai Vishnu Vekhande AIR 2003 SC 3109
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