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2012 Supreme(All) 1846

YATINDRA SINGH, MAHENDRA DAYAL
DINESH CHANDRA PANDEY – Appellant
Versus
BRIJESH CHANDRA PANDEY – Respondent


Advocates:
Counsel :
Ramesh Upadhyaya, Sunil Kumar Srivastava and V.C. Tripathi for the Petitioner; Dhananjai Prasad, Dhru Prasad, Dhruv Narayan and S.C. for the Respondents.

JUDGMENT

By the Court.—Property often disrupts family peace and leads to feuds in a family: it creates differences that are difficult to bridge. This case is an example of the same, where brothers are fighting over a will for a residential house. And in resolving the dispute, we visit the principles applicable in determining the genuineness of the will.

THE FACTS

2. Sri Netra Pandey (Sri Pandey) was a teacher of history in Prayag Mahila Vidya Peeth, Allahabad. He was a writer and have written text books of history for school children. He married twice. By his first wife Smt. Chhabirani, he had one son; by the second wife Smt. Bhagwati Devi, (Smt. Bhagwati), he had five sons and six daughters.

3. The relevant pedigree omitting the six daughters is as follows:

4. It is said that Sri Pandey and Smt. Bhagwati jointly executed a registered will on 20.12.1988 (the 1988 will). It is said to be hand written by Smt. Bhagwati. By this will, both of them gave their movable and immovable property to the surviving spouse and after death of the surviving spouse, to their youngest son, Sri Dinesh Chandra Pandey (the Defendant-Appellant).

5. Sri Pandey died on 10.1.1993. Smt. Bhagwati fell ill and






















































































































































































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