KOTHARI, J. - (1.) THE applicant Pushpa Devi W/o Jeet Mal Mohnot, resident of Bidasar, Tehsil Sujangarh, Dist. Churu (Rajasthan) has filed the present application under Section 276 of the Indian Succession Act, 1925 seeking probate in respect of a Will executed by her mother-inlaw Smt. Manak Devi W/o Sh. Mangi Lal who died on 31. 12. 1993 at Bidasar, Tehsil Sujangarh, Dist. Churu and executed a Will in question on 9. 1. 1992 bequeathing certain movable and immovable properties on the propounder of the said Will namely Smt. Pushpa Devi, now the present applicant.
(2.) THE respondent No. 1 Sh. Moti Lal S/o Sh. Mangi Lal is the younger brother of Sh. Jeet Mal, husband of the present applicant and the respondent No. 2 is Smt. Kanchan Devi w/o Sh. Abhay Singh, a sister of Jeet Mal and Moti Lal. Respondent No. 3 Jai Singh and respondent No. 4 Sanjay Kumar are also sons of Jeet Mal, who has also expired and predeceased his mother Smt. Manak Devi on 3. 11. 1991. According to the application under Section 276, the said Smt. Manak Devi W/o Sh. Mangi Lal executed her last Will on 9. 1. 1992 and the said Manak Devi had following movable and immovable property at the time of her death: *********** 3a. In her affidavit dated 12. 7. 1999 along with the application, the applicant has given details of property bequeathed upon her in para 3 of the affidavit as under: *********** The said Will dated 9. 1. 1992 is said to have been registered by the Sub-Registrar, Sujangarh at Book No. 3, Jild No. 10/91 page No. 91 at serial No. 66, vide para 4 of the said application. The applicant further states that by the said Will, Smt. Manak Devi who expired on 31. 12. 1993 at Bidasar did not appoint any Executor of the said Will and therefore, the applicant had applied for grant of Letter of Administration to the Additional Dist. Judge, Sujangarh on 3. 8. 1995 which was registered as Misc. Case No. 85/1995 Smt. Pushpa Devi vs. Moti Lal and other. However, that application was withdrawn by another application dated 22. 1. 1998 which was allowed on 4. 7. 1998 for filing the present application in the Court of competent jurisdiction as the properties sought to be bequeathed by the Will was situated in two different States, namely, Rajasthan and West Bengal. The said application is supported by the affidavit of the applicant Smt. Pushpa Devi sworn on 12. 7. 1999 at Kolkata. The said original Will dated 9. 1. 1992 has also been produced before this Court. That in pursuance of the notices issued by this Court to the arrayed respondents Moti Lal and others, the said Sh. Moti Lal S/o late Mangi Lal has raised objections against grant of probate in favour of the applicant and the same would be dealt with hereafter. That in pursuance of the orders made by this Court on 19. 10. 2005, the evidence of the witnesses was recorded by the Dy. Registrar (Judicial) and this Court vide order dtd. 19. 10. 1995 framed following three issues: i) Whether the deceased Smt. Manak Devi has executed the Will dated 9. 1. 1992 in favour of the applicant in accordance with law? ii) Whether the applicant is entitled to obtain probate as per Will dated 9. 1. 1992 in her favour, with regards to properties mentioned in para 3 of the application? iii) Relief.
(3.) AFTER taking affidavits by way of examination-in-chief, the cross-examination was also recorded by the learned Dy. Registrar (Judicial ). That in support of the application, Smt. Pushpa Devi examined herself as P. W. 1. She has filed her affidavit as Examination-in- Chief dated 5. 12. 2005 and was cross-examined on 25. 2. 2006, 22. 4. 2006 and 29. 7. 2006 by Sh. M. R. Singhvi, learned counsel appearing for the respondent No. 1 Sh. Moti Lal. Further in support of the application Sh. Raju Ram Fatehpuri s/o late Sh. Hari Bhagwan was examined as A. W. 2. His examination-in-chief is by way of sworn affidavit dated 11. 9. 2006 and he was cross-examined on 4. 11. 2006. He is the attesting witness of the said Will. A. W. 3 Sh. Mohan Lal Sharma S/o Sh. Dungar Mal Ji Sharma was examined as another attesting witnesses and his sworn affidavit in examination-in-chief dated 11. 9. 2006 is on record and he was cross-examined on 6. 1. 2007. The scribe of the Will Sh. Dan Mal Sharma S/o Sh. Dungar Mal Ji Sharma appeared before the Dy. Registrar (Judicial) as A. W. 4 and besides his sworn affidavit dated 29. 1. 2007, his cross-examination was recorded on 3. 2. 2007. On the other side, the objector, respondent No. 1 Sh. Moti Lal S/o Sh. Mangi Lal has appeared before the learned Dy. Registrar (Judicial) as N. A. W. 1 and his affidavit in examination-in-chief dated 3. 3. 2007 is on the record and he was cross-examined on 18. 8. 2007. N. A. W. 2 Sh. Dharam Chand Sethia has given his affidavit dated 12. 3. 2007 and he was cross-examined on 15. 9. 2007. One Sh. Poonam Chand Mohnot has also filed his affidavit dated 24. 7. 2007, but he does not appear to have presented himself for cross-examination. ;