VIDHAYARAM ALIAS BRAJESHKUMAR DAMODARPRASAD Vs. DEVLAL MOOLCHAND

JUDGEMENT

(1.) THIS is an appeal under section 299 of the Indian Succession act, 1925, (hereinafter referred to as 'the Act') against order dated 2-1-1980 passed by the Additional District Judge, Shivpuri, refusing to grant probate in spite of holding the will executed by Smt. Dhanvanti, the testator, in favour of the appellant as duly proved.

(2.) THE appellant submitted an application for grant of probate in his favour in respect of a will dated 29-1-1970 (Ex. P. 1) executed by smt. Dhanwanti widow of Shri Ayodhya Prasad, resident of purani Shivpuri. The property bequeathed by the will in question is admittedly situated at shivpuri.

(3.) THE respondent opposed the grant of probate inter alia on the ground that the will set up by the appellant is not a genuine document.