- (1.) One Kashi Nath Dubey resident of village Rajapur, Tesil and Pargana Mariyahu, District Jaunpur died on 9.2.2007 at the ripe age of about 77 years leaving behind his widow Smt. Tara Devi and a married daughter Smt. Vijay Luxmi from his first wife Smt. Lalti Devi who had died in 1954.
(2.) His brother Shobh Nath Dubey on his death applied for grant of Letters of Administration to the estate of the deceased with the Will annexed. He claimed that the deceased before his death on 14.12.2003 had executed an unregistered Will bequeathing his entire property to him. The Will was opposed by the widow Smt. Tara Devi by filing objections on affidavit. Accordingly, the proceedings for grant of Letters of Administration were converted into a testamentary suit vide order dated 22.1.2009.
(3.) On the pleadings of the parties and the material brought on record, the Court on 18.5.2009 framed the following issues for adjudication in the suit:- i) Whether the Will dated 14.12.2003 was duly and validly executed by late Kashi Nath Dubey, son of Sant Das Dubey in favour of the plaintiff Shobh Nath Dubey, son of Sant Nath Dubey; and ii) Whether the Will in dispute is hit by the provisions of Section 169 (3) of the U.P. Z.A. and LR Act, 1950 (hereinafter referred to as the U.P. Z.A. and L.R. Act).;