R.P.SETHI, HARJIT SINGH BEDI
Bhagya Wati Jain – Appellant
Versus
General Public – Respondent
R.P.SETHI. J.
1. Rival claims have been preferred in this case with respect to the estate of Shri Amar Nath Jain who died on 25-8-1983 leaving behind the properties mainly at Ambala and Bombay. The facts giving rise to the filing of the present appeal are that the appellants filed a petition under Sec. 278 of the Indian Succession Act, 1925 (hereinafter to be referred to as the Act) for the grant Letters of Administration with respect to Will allegedly executed by Shri Amar Nath Jain deceased, on 19-8-1983. It was contended that the deceased had left two wives, three sons and five daughters and that Smt. Bhagya Wati Jain was his second wife. The Will was sought to be lying with Shri B.N. Sehgal, Advocate, Ludhiana. It was claimed to be the last Will and testament of the deceased executed in the presence of the Witnesses. The first wife of the deceased Smt. Maya Wati Jain, her daughters and mother of Shri Amar Nath Jain contested the petition denying the execution of the Will which was Stated to be a fabricated document. It was alternatively pleaded that Shri. Amar Nath Jain was not in disposing mind at the time of the alleged execution of the Will as he was stated to be und
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