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2011 Supreme(Raj) 2553

MOHAMMAD RAFIQ
Mangli – Appellant
Versus
Smt. Rukmani Devi – Respondent


For the Appellants:R.P. Singh with Shashi Kant Saini, Advocates.
For the Respondents:R.K. Daga and Ram Rakh Sharma, Advocates.

JUDGMENT

1. - This appeal was filed in the year 1991 assailing the judgment dated 31.10.1991 of learned District Judge, Jaipur District, Jaipur, in Application No.4/1979, by which application of the appellants for grant of probate/letter of administration under Section 276 of the Indian Succession Act, 1925, was rejected.

2. Learned counsel for appellants argued that learned District Judge has erred in law in rejecting the application for grant of probate/letter of administration on the flimsy grounds. Reasons that have been assigned are not such which create any doubt about genuineness of the will, and same are flimsy and unfounded reasons. It is argued that mere fact that objector-respondent Rukmani was real sister of testator Chatru Ram, would not be a reason to doubt about the fact that deceased testator had bequeathed the property by will in favour of the appellants, who were also looking after her for a petty long time. Other reasons that have been given by the learned District Judge that the will actually was prepared on 31.05.1967 but the death of testator Chatru Ram took place on 16.09.1978 and thus for a long period of 11 years he would have been retaining the will and yet





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