DALIP SINGH, J. - (1.) THIS misc. appeal under Section 384 of the Indian Succession Act, 1925 has been filed by the appellant against the order dated 24.2.2006 passed by the learned District Judge, Jaipur City, Jaipur in Civil Misc. Application No. 65/1995 by which he has allowed the application filed under Section 276 of the Indian Succession Act filed by the respondent Shelendra Pratap Singh allowing the letters of administration in favour of the respondent.
(2.) THE facts, in brief, are that an application under Section 276 of the Indian Succession Act came to be filed by the respondent for the grant of letters of administration based upon the alleged Will executed by the deceased Shradha Mata @ Parwati Devi daughter of Shri Shamsher Singh who died on 29.7.1994 at Jaipur within the jurisdiction of the Court at Jaipur leaving behind the properties as mentioned in the Schedule appended to the said application. The applicant -respondent herein also alleged that the deceased Shradha Mata had during her life on 8th August, 1968 executed her last Will bequeathing all her moveable and immoveable properties in favour of the applicant. It was also stated that the Will was executed while she was in sound state of mind. Learned District Judge on receipt of the aforesaid application ordered for the issuance of the notices which were issued to the public at large. In response to the aforesaid notice, an objection was filed by one Shiv Singh Galundia on 31.8.1995 in which he stated that the objection was being filed on behalf of Maha Shakti Peeth, the appellant. The respondent, who was the applicant before the learned District Judge, filed his objections to the locus standi of Shiv Singh Galundia to file the aforesaid objections and challenged the fact as alleged by Shiv Singh Galundia that he was the Secretary of the aforesaid Maha Shakti Peeth Trust, as alleged by him or that there was any Trust created by the deceased or that she had dedicated the property to the Trust. It was also disputed in the objections filed on 3,9.1996 by the respondent before the learned District Judge that the Trust had authorized Shiv Singh Galundia to file the objections.
(3.) IN response to the aforesaid, objections were filed by the applicant to the locus standi of Shiv Singh Galundia on 3.9.1996, a reply and objections came to be filed by the appellant on 25.9.1997 objecting to the grant of letters of administration to the respondent Shelendra Pratap Singh wherein the existence and execution of the Will by the deceased Shradha Mata on 8.8.1968 was disputed and it was stated that the deceased Shradha Mata during her lifetime had created a Trust and dedicated her entire properties both moveable and immoveable to the Trust. The right of the applicant Shelendra Pratap Singh even to her personal assets were denied and it was stated that these personal assets are liable to be received by her disciple Miss Barbara Hutton. It may be stated here that the said Miss Barbara Hutton has not challenged the impugned order.;