M V P RAMARAO IN RE Vs. M V P RAMARAO IN RE
LAWS(APH)-1992-12-10
HIGH COURT OF ANDHRA PRADESH
Decided on December 15,1992

M.V.P.RAMA RAO Appellant
VERSUS
TO WHOMSOEVER IT MAY CONCERN Respondents


Referred Judgements :-

VENKATARAMA RAJU VS. NARASA RAJU [REFERRED TO]
H VENKATACHALA IYENGAR VS. B N THIMMAJAMMA [REFERRED TO]
UMASASHI SAHA VS. PARIBALA SAHA [REFERRED TO]


JUDGEMENT

Syed Shah Mohd. Quadri, J. - (1.)The short question that arises in this appeal filed under Section 299 of the Indian Succession Act, 1925 (for short the Act) is: Whether the appellants are entitled to grant of probate under Section 222 of the Act?
(2.)The facts giving rise to this appeal may be briefly stated hereunder. The appellants filed O.P.No.33 of 1986 on the file of the learned District Judge Rangareddy district at Saroornagar, Hyderabad praying to grant a probate of the will executed by one Rasheed Khana Sri Ramamurthy son of Kamojee Pantulu on 6-3-1985 (marked as Ex.A-1). Under the said will the testator be queathed his money standing in his name in the Fixed Deposits and Saving Bank Accounts with the State Bank of Hyderabad, Sanathnagar, Industrial Estate Branch, Hyderabad in favour of the second appellant herein and all his movable properties and immovable properties bearing S.R.T.No.10, Municipal No.7-2-231, Sanathnagar Colony, Hyderabad and other immovable properties in favour of his brother-in-law the first appellant herein. On the application notice by way of publication in the newspapers was ordered. Nobody appeared and opposed the grant of probate.
(3.)The appellants examined themselves as P.Ws.l and 2 and one of the attesting witness N. Chandrasekhara Rao as P.W.3 to prove the will. Howeve on the evidence on record the learned District Judge was not satisfied of the execution of the will and entertained a doubt about the genuineness of the will and consequently dismissed the petition by order dated 3-4-1986. The correctness and legality of this order is assailed by the appellants in this appeal.
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