K.C.Agrawal. J. - (1.) THIS is an appeal under Section 299 of the Indian Succession Act (hereinafter referred to as 'the Act'), against a judgment of the learned Additional District Judge, Agra. By the said judgment, the learned Additional District Judge rejected the application filed by Kali Charan Gupta, the appellant, under Section 276 of the Act. It appears that: one Lala Bhagwan Das was the last surviving trustee of Mangal Sen Dhararnshala Trust. The Dharam-shala belonged to the aforesaid charitable trust established in 1912. Bhagwan Das executed a document, which purports to be a will, on February 22, 1965 nominating the aforesaid Kali Charan Gupta as an executor. In the said will he enunciated the aims and objects of the trust and laid down the scheme of management in respect of the same. Bhagwan Das died on August 14, 1968. Kali Charan Gupta, there after, filed an application under Section 276 of the Act for obtaining approbate on the basis of the aforesaid will. He asserted that the said will was the last testament executed by Bhagwan Das and as he had been nominated as an executor in the same, he was entitled to obtain a probate.
(2.) TWO objections were filed to the grant of probate, one by Sub-hash Chand and another by Baijnath Kaushal. Both the objectors asserted that Bhagwan Das did not execute any will nominating Kali Charan Gupta as an executor, and that the document on the basis of which the probate was being claimed by him was a fabricated one. The Court below framed a number of issues on the various con troversies which arose for decision between the parties. The applica tion was, ultimately, rejected on October 28, 1972. Aggrieved by the same, the present appeal has been filed by Kali Charan Gupta. The first question that arises for determination in this appeal before us is whether the document dated February 22, 1965 was a will. 'Will' has been defined in Section 2 (h) of the Indian Succession Act, which reads as follows: - " Will' means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death."
(3.) A reading of the aforesaid definition shows that the fundamental idea of a will is that a testator should dispose of his property under it in the present case, what has been disposed of by the will is a right of trusteeship.;