M.L.JAIN, J. - (1.) THIS is a petition for grant of probate filed on 9 4 -69 by one Shri Champalal Banthia and another Shri Laherchand Sethia. The latter petitioner has since then died.
(2.) ONE Ganeshilal Maloo of Bikaner was a multi millionaire and had large properties situated in Rajasthan Bihar and East Pakistan. He had a son Dalchand Maloo, who predeceased him in the Svt. year 1974. Ganeshilal himself expired in the Svt. year 1975 Dalchand's mother died in the Svt. year 1980. Dalchand had a daughter, who also died some time before 1951 leaving two sons and two daughters behind. Dalchand's widow Mst. Raj Kanwari Maloo died in the year 1957. It is alleged that before her death that is on 5 7 -51, she made a will of the properties inherited by her through her deceased husband. The will is Ex 1 The petitioner had filed an application for probate in the court of District Judge, Bikaner, but upon discovering that the High Court could alone grant a probate in respect of the properties situated out -side Rajasthan and exceeding Rs. 10,000/ - in value, the present petition has been preferred by them in this court. The alleged will states that Mst. Raj Kanwari had adopted ore Chorulal, now a caveator But she could not complete the formalities of the adoption. However, she stated that except the properties, which will presently be stated, all the properties belonging to and inherited by her shall devolve upon her adopted son Chorulal. The properties which the said will proposes to bequeath in the manner specified in the will, are as follows: 1. For Charitable purposes (i) A kothari situated in Mohalla. Rangdi in the city of Bikaner, which was being used as a motor garage, to be utilised after her death by creating and registering a trust in the name of her husband and father -in law for educational, charitable or religious purposes. (ii) The rents and profits of the shop and other properties in Forbesganj shall be utilised for the running of any institution established as aforesaid. 2. Stridhan: It comprised of gold and silver ornaments, utensils, jwellery, gold coins, cash, currency notes, shares and Government securities kept in Chest and almirahs in the lower room of her residential house, with their keys to kept in the safe deposit vault of the Bikaner Bank with the direction that the keys shall be delivered to the executors of the will, namely, Champalal Banthia and Laherchand Sethia The said executors were directed to sell the aforesaid stridhan property and distribute the sale proceeds as follows:
(3.) ABOUT Rs. 8,600/ - were directed to be paid to various persons named in the will. Of the remaining amount; (i) 1/2 to two sons and two daughters of her predeceased daughter Bhanwari Bai. A trust shall be created of this amount and the income thereof shall be divided between the aforesaid four childern. In case of their death, the amount was to be utilised in charitable and religious purposes (ii) 1/2: (a) 3/16 shall be given to Chorulal. (b) 1/16 to Jawahar Vidhya Peeth Library, Bhinasar for the purpose of publication of books in her name. (c) 4/16 to be spent on the trust created in the kothari as aforesaid or for construction of a new building and for purchase of furniture for the purposes of the said Trust. 3. Four bundles of jewellery: These were to be kept by her separately in a safe deposit vault to be given to the children of her daughter. 4. The funeral expenses: Rs. 20,000/ - were deposited in the Bank for the purpose of her funeral rites and other ceremonies consequent upon her death.;