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1982 Supreme(All) 483

N.N.MITHAL
Kamala Rajamanikkam – Appellant
Versus
Sushila Thakur Dass – Respondent


Advocates:
R. Mitra and A.K. Banerji, for Appellant:S.N. Verma, for Respondents,

JUDGMENT :- This F. A. F. O. is directed against the Order of the Court below granting probate to the widow of the deceased testator. The respondent No. 1 had applied for grant of probate of the will of her late husband under Section 276 of Succession Act (hereinafter referred to as the Act) which was contested by the appellant before the Court below. Parties are admittedly Indian Christians and Sri P.I. Thakur Dass is said to have died on 2-12-62. He had executed a will on 18th July. 1957 which was propounded to be the last will executed by him. In her application the widow claimed to be one of the beneficiaries under the will and the opposite parties were the sons and daughters of the deceased. The Court below, on the evidence before it, came to the conclusion that the will in question had been duly executed by late Sri P.I. Thakur Dass in a proper state of mind and after fully understanding the same in the presence of the attesting witnesses. The Court, therefore, granted probate of the will dated 18th July, 1957. Aggrieved by this Order, the appellant has come up in appeal.

2. At the very outset Sri A.K. Banerji appearing for the appellant has contended that no probate could be




























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