SURYA PRAKASH KESARWANI, J. - (1.) THE question involved in these appeals is regarding validity of Will dated 5.9.1994 executed by Mrs. Edna Diamond Peters.
(2.) THE admitted pedigree of the family as noted in paragraph 5 of the impugned judgment dated 18.4.2006 is as under : Shri V.J.S. Seetal From first wife From second wife R.W. Seetal P.Sircar E.D. Peters J.C. Prabhaker A.Seetal son daughterdaughter plaintiff in suit (dead) (died 1990) (died 1991) (died 5.1.98) No.5/98 and Anita Simon R.Sircar A.S.K. Earnest Sircar caveat defendant (daughter) (son) Sircar (died in 1994) no.1 in suit no.13/98 Beneficiary (son) (Beneficiary) (2 Caveator Petitioner nd Objector) executor for probate in TS 13/98 Rajiv Asha Sircar Sircar (Bene (Bene ficiary) ficiary) 1 2 Pankaj Ritesh (Bene (Bene ficiary) ficiary) 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 deceased. In paragraph Nos. 4 and thereafter 5, (c), (d), (f), (k) of their objections, the defendants have pleaded that on 5.9.1994 the deceased was not in a sound physical condition or in sound state of mind nor duly executed the will. The death of her son Ernest, her only child, totally shattered her mental and corporeal faculties, which were already impaired considerably due to her old age and ill health. She was suffering from diabetes, angina and blood pressure for decades and was operated to remove cataract from both her eyes. She was not in a sound and disposing state of mind. Mr. A.S.K. Sircar, the plaintiff ­ propounder was serving in the Bank. His wife Mrs. Asha Sircar was teaching in Boys High School and their two children Pankaj studying in Christian Medical College in Ludhiana, Punjab, and Ritesh, a student of B.Com were too young to receive her affection and love and to exclude all other relatives. In sub para (f) of para 5, the will is alleged to be forged.
(3.) IN Testamentary Suit No. 5 of 1998 Mrs. Joiyce Cynthia Prabhakar and Mrs. Anita Simon have prayed for 'Letters of Administration' of the estate of Mrs. Edna Diamond Peters ( the deceased) alleging that she died intestate. The papers purporting to be the will of the deceased sent by Mr. A.S.K. Sircar by registered post to Mrs. Lalitha Francis, the daughter of the Mrs. Joyce Cynthia Prabhakar at Bangalore alleged to be executed by the deceased on 5.9.1994 and registered at the office of Sub Registrar, Chail at Allahabad, appears to be a fishy document/ shrouded in circumstances which are suspicious in the extreme besides being an unnatural will excluding all other heirs of the deceased. The signatures purporting to be of that of the deceased do not appear to be genuine and that for two months the alleged executor did not file the petition for probate. It is stated in para 4 of the plaint that apart from the plaintiff, the law applicable to Indian Christians namely Indian Succession Act No. 39 of 1925, the deceased had left behind Mrs. Aruna Seetal; Shunil Sircar ( A.S.K. Sircar); Mr. Anita Simon and Ronald Sircar. The petition is contested by Shri A.S.K. Sircar, who has filed objections / counter affidavit stating that the deceased was in a sound and disposing state of mind, and had executed the will dated 5.9.1994, before her death. The Sub Registrar registered it on the same date. He is the executor named in the will and has filed testamentary case for grant of probate.;