- (1.) SUNIL Ambwani, J. The plaintiffs claim to be sons of late Shri Jawahir Singh son of late Shri Nageshwar Prasad Singh (hereinafter referred to as the deceased), resident of Maniyar, Pargana Kharid, District Ballia. They have prayed for grant of 'letters of Administration' under Section 278 of the Indian Succession Act, 1925, with Will dated 17-1-1991 attached, executed by the deceased before the Sub-Registrar, Ballia and registered on the same day, bequeathing his entire movable and immovable properties to the plaintiffs.
(2.) THE Will, proceeds with the statement that the deceased is old and weak and is unable to look after the agriculture farm, the related affairs and travel. He has six daughters and five sons. All his daughters are married in prosperous families where they are happy; that he wants to make an arrangement of his movable and immovable properties and is thus making bequest in favour of his five sons, with the condition that he will be the owner of all his movable and immovable properties during his lifetime and that after his death his five sons will be the owners and will be entitled to get their names mutated and to pay land revenue and other dues; and further that the deceased has not made any other Will registered or unregistered in favour of any other person. THE Will was written by Shri Paras Nath Yadav, 'vasikanavis' Ballia on 17-1-1991 and is witnessed by Shri Paras Muni Pandey son of late Shri Mahendra Pandey and Shri Krishna Chandra Dubey, Advocate, Civil Court, Ballia. The affidavit of valuation discloses that the deceased has left behind agricultural land in large holdings in six Mauzas namely Maniyar Khas, Dhanauti, Navat No. 1, Chaturpur and Tiyara Maniyar Tukada Doyam in the District of Ballia with valuation of Rs. 2 lacs out of which Rs. 10,000 is sought to be deducted as debts towards the amount spent on funeral expenses. The six daughters namely Smt. Shyam Kumari Singh wife of Girish Narayan Singh; Smt. Pratibha Singh wife of Vindhyachal Singh; Smt. Mridula Singh wife of Babban Singh; Smt. Manju Singh wife of L. N. Singh; Smt. Meena Singh wife of Brijendra Singh and Smt. Neelam Singh wife of Santosh Kumar Singh have filed their caveat. In their written statement filed on 7-10-1994 they have stated that the deceased died at Shiv Prasad Gupta Hospital at Varanasi on 15-7-1993. He did not execute any such Will dated 17- 1-1991. The alleged Will is bogus and is a manufactured document. The deceased had only six daughters, who are the defendants in the suit. He had no male issue. The plaintiffs are not the sons of the deceased and are not entitled to inherit his properties. The deceased also inherited the properties of Smt. Sarva Mangala Kunwar, his brother's wife, on which Shri Kamlesh Kumar Singh and Vijay Kumar Singh got their names entered fraudulently. The parties are contesting mutation case in the Court of Tehsildar Bansdih, Ballia, and that the plaintiffs have applied for declaration in the Court of Munsif East in case No. 299 of 1990, and in the Court of Civil Judge Ballia in case No. 175 of 1993 that they are the heirs of the deceased on the basis of the same Will. The filing of suits has been deliberately withheld from the Court, calling for their prosecution for perjury. Shri Arun Kumar, the plaintiff No. 1 is an employee of Murali Manohar Inter College, Maniyar. He has committed forgery in the records, which calls for summoning his service book. The plaintiffs have not disclosed the entire assets of the deceased and that the properties situated at Village Letraha and another properties have been left out. The valuation of the properties is not less than Rs. 20 lacs.
(3.) CAVEATS have also been filed by Shri Vijai Kumar Singh, Kamlesh Kumar Singh and Smt. Pushpa Singh. The following issues were struck between the parties on 14-2- 1995 and thereafter on 27-3-1995: (1) Whether the present Testamentary Suit is maintainable in view of the allegations made in paragraphs 14, 15 and 16 of the written statement (A-10) filed on behalf of the daughters of the deceased ? (2) Whether the caveats (A-18 and A-19) filed on behalf of Vijai Kumar Singh and Kamlesh Kumar Singh and the caveat (A-21) filed on behalf of Smt. Pushpa Singh are liable to be discharged in view of the objections taken by the daughters of the deceased in their objections (A-22) filed on 30-1-1995 and the objections filed on behalf of the petitioner (A-23) ? (3) Whether the alleged Will dated 17-1-1991 as propounded by the plaintiffs was a genuine and validly executed Will of the deceased testator Jawahir Singh ? (4) Whether the alleged Will dated 17-1-1991 is shrouded with mysterious and suspicious circumstances ? (5) Whether the alleged Will dated 17-1-1991 is a forged and manufactured document as alleged by the defendants ? (6) Whether the plaintiffs are the sons of the deceased Jawahir Singh who had left behind him only six daughters and no male issue as alleged by the defendants ? (7) Whether this Court has no jurisdiction to entertain this petition in view of Section 57 read with Section 300 of the Indian Succession Act ? (8) Whether the Suit as framed is not maintainable ? (9) Whether the written statements filed by the defendant IInd set Kamlesh Kumar Singh and the defendant IIIrd set Smt. Pushpa Singh have not been properly verified. If so, its effect ? (10) Whether the deceased Jawahir Singh executed any Will dated 29-6-1993 in favour of Smt. Pushpa Singh, wife of Vijai Kumar Singh. If so, its effect. (11) Whether Vijai Kumar Singh and Kamlesh Kumar Singh are the only surviving male next of kin of the deceased Jawahir Singh. If so, its effect ? (12) Whether the entire estate and property of the deceased have not been disclosed in the plaint and correct valuation of the properties mentioned has not been given ? If so, its effect. (13) To what relief, if any, is the plaintiffs entitled ?;