NARMADA PRASAD Vs. LAXMI NARAIN

JUDGEMENT

(1.) The miscellaneous appeal has been preferred against the order dated 13.12.2001 passed by First Additional District Judge, Hoshangabad in Letters of Adminstration Case No.2/98 whereby, on the basis of Will Ex.P./1, the letters of administration was granted in favour of applicant/respondent.

(2.) The respondent/applicant filed an application under Section 278 of the Indian Succession Act, 1925 for grant of letters of administration. According to this application, Imratlal and Lalachand were real brothers. Non-applicant No.1/appellant NarmadaPrasad is son of Lalchand whereas, non-applicant No.2/appellant No.2 is son of Narmada Prasad.

(3.) The appellants/non-applicants denied the averments of this application and stated that Imratlal and Shanta Bai were issueless and Shanta Bai died on 11.9.97, but no partition of the properties had taken place between Lalchand and Imratlal. After the death of Lalchand, partition of the property had taken place between Imratlal and Narmada Prasad. Shanta Bai never executed the registered Will on 2.9.97 in favour of applicant.