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2003 Supreme(Raj) 1493

BHAGWATI PRASAD
Mahaveer Prasad – Appellant
Versus
Kanta Devi – Respondent


JUDGMENT

1. - This appeal is filed by appellant Mahaveer Prasad being aggrieved by the decision of the trial Court dated 24.5.1997 whereby application of the appellant for grant of succession certificate under section 372 of the Indian Succession Act, 1925 (for short the Act') was dismissed. According to the applicant, he was adopted by late Shri Kanhaiya Lal on 29.10.1962. A deed of adoption was also executed on 30.10.1962. In the deed of execution for adoption wife of late Shri Kanhaiya Lal Smt. Sohan Bai also signed. Shri Kanhaiya Lal died on 6.1.1992. He had left behind him wife, respondent No. 1 Smt. Sohan Bai, respondent No. 2 Smt. Kanta Devi daughter. who was represented by Smt. Sohan Bai, because of her being deaf and dumb. Smt. Sohan Bai had represented Kanta Devi, as natural guardian. Respondent No. 3 Shri Chhabi Lal is son of Amba Lal Jain, brother of late Shri Kanhaiya Lal Respondent No. 4 is Smt. Shankutala Bai d/o Shri Amba Lal Jain and w/o Satya Prakash being sister of Chhabi Lal. Respondents No. 5 and 6 are the grand daughters of late Shri Kanhaiya Lal being the daughters of Smt. Kanta Bai.

2. Applicant Mahaveer Prasad submitted that the deceased had executed a will






























































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