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2013 Supreme(All) 1564

ASHOK BHUSHAN, SURYA PRAKASH KESARWANI
JOYCE CYNTHIA PRABHAKAR – Appellant
Versus
A. S. K. SIRCAR – Respondent


Advocates:
Counsel :
Dhruva Narayana and B.K. Narayana for the Appellants; P.K. Ganguli for the Respondent.

JUDGMENT

Hon’ble S.P. Kesarwani, J.—The question involved in these appeals is regarding validity of Will dated 5.9.1994 executed by Mrs. Edna Diamond Peters.

Facts of the Case

2. The admitted pedigree of the family as noted in paragraph 5 of the impugned judgment dated 18.4.2006 is as under :

3. Mrs. Edna Diamond Peters (the deceased) served as a teacher in St. Mary’s Training College, at Allahabad. She died on 5.1.1998 at Allahabad at the age of 78 years. In Testamentary Suit No. 13 of 1998, Mr. Arnold Sunil Kumar Sircar (A.S.K. Sircar) her sister’s younger son has applied for grant of probate of her will dated 5.9.1994 by which she made the bequest for benefit of Mrs. Asha Sircar; Mr. Pankaj Sircar wife and son of Mr. A.S.K. Sircar of all her estate, certain sums of money to Missionaries of Charity; Sitaram ; Shakuntala; Kamla and Ram Autar (servants) and 20% of the residual amount each to Mr. Rajiv Sircar; Mrs. Anita Simon; Mr.s Lalitha Francis; Mrs. Joyce Prabhaker and All Saints Cathedral. The suit is contested by Mrs. Joyce Cynthia Prabhakar the step sister and Mrs. Anita Simon, the nice of the deceased. The caveator-defendants have denied the execution of the will by the dece




























































































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