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2011 Supreme(Raj) 2586

VINEET KOTHARI
Shashi Charan – Appellant
Versus
Nachiketa Singh – Respondent


For the Petitioner:I.R. Choudhary, Advocate.
For the Respondents:Rohitash Singh and M.S. Rathore, Advocates.

JUDGMENT

1. - These two revision petitions filed by the objector/non-applicant No. 2 Smt. Shashi Charan, wife of Ishwar Dan Charan and daughter of late Sh. Gangadan Charan, who is said to have executed a Will in favour of his grand-son, namely, Nachiketa Singh S/o Kishore Kumar Charan.

2. Briefly stated, the facts of the case are that an application under Section 2.76 of Indian Succession Act, 1925 was filed by said Nachiketa Singh, aged about 9 years, for grant of probate in the Court of District Judge, Bikaner through his mother Smt. Veena Charan W/o Kishore Kumar Charan. Inter alia, an application under Order 7, Rule 11 C.P.C. was filed by the present petitioner- Smt. Shashi Charan (non-applicant No. 5), before the said Court alleging therein that probate could not be granted in favour of minor in view of Section 223 of the said Act, which stipulates that probate cannot he granted to any person, who is minor or is of unsound mind nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by notification in the Official Gazette, by the State Government in this behalf. The objector, therefore, contended that probate ca


















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