ALLAHABAD HIGH COURT
Tarun Agarwala, J.
Smt. Chandravasa Devi – Appellant
Versus
Smt. Duleshwari – Respondent
| Table of Content |
|---|
| 1. plaintiff challenges will's authenticity based on alleged fraud. (Para 1 , 2) |
| 2. defendant argues legitimacy; court dismisses suit based on findings. (Para 3 , 4) |
| 3. court examines burden of proof regarding the will's validity. (Para 6 , 10) |
| 4. court determines execution validity amidst suspicions. (Para 25 , 39) |
| 5. final judgment confirms lack of evidence for will's validity. (Para 40 , 41) |
1. The plaintiff filed a suit for the cancellation of the will dated 2-2-83 executed by Smt. Muneshwari Devi bequeathing the entire property, etc. in favour of the defendant Smt. Chandravasa Devi. The plaintiff Smt. Duleshwari and the defendant are real sisters and their mother is the person, who had executed the will. The plaintiff alleged that the property was owned by her father Basdeo, who died about 25 years ago and upon his death, the entire property was inherited by her mother, Smt. Muneshwari Devi. It was alleged that the plaintiff's mother was an illiterate, rustic and a pardahnashin lady and had died on 25-6-1983 at the age of 75 years. The plaintiff alleged that she used to stay with her mother from time to time in order to help her out in her household affairs. Between
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