Surya Prakash Kesarwani - (1.) Heard Sri S. K. Chaturvedi, learned counsel for the appellants and Sri I. S. Tomar, learned counsel for the respondent.
(2.) In this appeal both the learned counsels for the parties jointly state that in this appeal only a legal question is involved and therefore, this appeal may be heard finally without paper book. They jointly state that the legal question involved in this appeal is as under:- Question: "Whether an application by a Hindu for probate of will under the provisions of The Indian Succession Act, 1925 is maintainable before a Court of District Judge in the State of Uttar Pradesh?" Facts:
(3.) Briefly stated undisputed facts of the present case are that the plaintiff-respondents, namely, Bhagwati, Ramwati, Veerwati, Rani and Phoolwati applied for probate of will dated 23.04.1975 executed by their father Sri Ramdas, resident of Nalganj, Village Lahargird, District Jhansi, who died on 28.08.1984. The aforesaid case was registered as Misc. Probate Case No.14 of 2012 in the Court of District Judge, Jhansi. The plaintiffs are the daughters while the defendants-Mangal Singh, Shaitan Singh and Amar Singh are the sons of deceased Ramdas. An objection dated 26.11.2016 was filed by the defendants-Mangal Singh and others under Section 57 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act') contending that in view of the Section 57, the provisions of the Act shall not apply to persons of Hindu, Buddhist, Sikh and Jain community and therefore, the application for probate being Misc. Probate Case No.14 of 2012 deserves to be dismissed. The aforesaid application of the defendants-Mangal Singh and others being paper No.112-A was rejected by the impugned order dated 19.01.2017 passed by the Additional District and Sessions Judge, Fast Track Court-Ist, Jhansi observing that there is nothing in Section 57 of the Act which prohibits applicability of the Act to persons of Hindu, Buddhist, Sikh and Jain community.;