NINGTHAUKHONGJAM MINGOL LAISHRAM ONGBI IBEMA DEVI Vs. HUIDROM MANI SINGH
LAWS(GAU)-1994-12-10
HIGH COURT OF GAUHATI
Decided on December 15,1994

SMTI. NINGTHAUKHONGJAM MINGOL LAISHAM ONGBI IBEMA DEVI. Appellant
VERSUS
HUIDROM MANI SINGH Respondents

JUDGEMENT

- (1.)This appeal arises from an application filed by respondent Shri Huridrom Mani Singh in the Court of learned District-Judge, Manipur under section 276 of the Indian Succession Act, 1925 for granting him probate of a Will dated 5th October, 1984 stated to have been executed by his mother late Leitanthem Ningol Ningthoukhongjam Ongbi Ibemchaobi Debi, wife of Late N. Kanhai Singh.
(2.)According to the case set out by respondent/petitioner in his petition his mother Late N.N. Ongbi Ibemchaobi Devi was at first married to late Gandha Singh of Waiton Village and out of this wed-lock he was born. After a few years of his birth his father Gandha Singh died. Smt. Ongbi Ibemchaobi Devi the Testatrix was then married to one N. Kanhai Singh of Waiton Village and a daughter namely, the present appellant was also bom out of this second marriage. After the death of Kanhai Singh i.e. 2nd husband of the Testatrix a partition suit being original partition suit No. 5/75/35/1975 was filed in the Court of Sub-Judge No.2, Manipur and by the decree that was passed by the learned Sub-Judge in that case the Testatrix and the present appellant get the properties of Late Kahhai Singh in equal share.
(3.)The case of the respondent was that his mother i.e. Testatrix before her death executed a will under which she had bequathed her share of landed property in favour of the respondent. The Testatrix died on 29.8.87. The respondent's case was that about 20 days prior to the death of his mother, namely, the Testatrix, the latter told him that she executed a will bequeathing her share of properties in his favour and that he would be entitled to own and possess the properties which she had bequeathed by dint of that will. The respondent thereafter got the will which was found to be in a bag in the house. The respondent thereafter filed the application as stated above for granting him probate of the Will.


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