ANIL KAK Vs. KUMARI SHARADA RAJE
LAWS(SC)-2008-4-225
SUPREME COURT OF INDIA
Decided on
April 01,2008
ANIL KAK
Appellant
VERSUS
Kumari Sharada Raje and Ors.
Respondents
Referred Judgements :-
CROKER V. MARQUESS OF HERTFORD [REFERRED TO]ALLEN V. MADDOCK [REFERRED TO]
SRIDEVI AND ORS. V. JAYARAJA SHETTY AND ORS [REFERRED TO]
MADHUKAR D SHENDE VS. TARABAI ABA SHEDAGE [REFERRED TO]
NIRANJAN UMESHCHANDRA JOSHI VS. MRUDULA JYOTI RAO [REFERRED TO]
ADIVEKKA VS. HANAMAVVA KOM VENKATESH [REFERRED TO]
BAJRANG FACTORY LTD VS. UNIVERSITY OF CALCUTTA [REFERRED TO]
P. MANAVALA CHETTY AND FIVE ORS. VS. P. RAMANUJAM CHETTY AND ANR. [REFERRED TO]
JUDGEMENT
S.B. Sinha, J. -
(1.)LEAVE granted.
(2.)THESE appeals are directed against a judgment and order dated 18.05.2001 passed by a learned Single Judge of the Madhya Pradesh High Court at Indore dismissing two applications for grant of probate/ letters of administration with the copy of the annexed Will in respect of the assets of Late Maharani Sharmishthabai Holkar thereinafter called as "the testatrix"), the widow of Late Maharaja Tukoji Rao Holkar, former ruler of the erstwhile Holkar State.
Maharaja Tukoji Rao Holkar died on 21.05.1978 leaving behind four daughters, Sharada Raje Holkar, Sita Raje Ghatge, Sumitra Raje Dalvi and Sushila Raje Holkar. He had executed a Will on 27.11.1942 bequeathing all his properties in favour of the testatrix. Indisputably, a letter of administration had been granted in favour of the testatrix in respect of the Will dated 27.11.1942 made in her favour by her husband. Apart from the properties inherited by the testatrix from her husband, she had also her own Stridhan properties. She purported to have executed a Will on or about 23.08.1978 in favour of Kumari Sharada Raje. She, however, allegedly executed another Will on or about 4.11.1992, by reason whereof, she purported to have revoked the Will executed by her on 23.08.1978 and/ or the Codicil. She appointed one K.R.P. Singh and the Appellant Anil Kak as joint executors. She also appointed Mr. T.N. Unni, her Chartered Accountant to assist the executors in administering and distributing the estate and executing the said Will. She categorized her properties in two parts, viz., Part A and Part B.
Part A consisted of those properties which were bequeathed in her favour by her husband and Part B consisted of properties other than those specified in Part A. By reason of the said Will, the said two sets of the properties were to be administered separately Whereas Part A properties were bequeathed in favour of four daughters, Part B properties were sought to be bequeathed in favour of her four grand children.
(3.)INDISPUTABLY , the said Will was purported to have been attested by one Gita Sanghi, who examined herself as PW -5 and one Baljit Bawa, who was not examined. The Will contained a few appendices. Whereas the attesting witnesses purported to have put their signatures in each page of the Will, they did not put any signature on the appendices to the said Will.
(2.)THESE appeals are directed against a judgment and order dated 18.05.2001 passed by a learned Single Judge of the Madhya Pradesh High Court at Indore dismissing two applications for grant of probate/ letters of administration with the copy of the annexed Will in respect of the assets of Late Maharani Sharmishthabai Holkar thereinafter called as "the testatrix"), the widow of Late Maharaja Tukoji Rao Holkar, former ruler of the erstwhile Holkar State.
Maharaja Tukoji Rao Holkar died on 21.05.1978 leaving behind four daughters, Sharada Raje Holkar, Sita Raje Ghatge, Sumitra Raje Dalvi and Sushila Raje Holkar. He had executed a Will on 27.11.1942 bequeathing all his properties in favour of the testatrix. Indisputably, a letter of administration had been granted in favour of the testatrix in respect of the Will dated 27.11.1942 made in her favour by her husband. Apart from the properties inherited by the testatrix from her husband, she had also her own Stridhan properties. She purported to have executed a Will on or about 23.08.1978 in favour of Kumari Sharada Raje. She, however, allegedly executed another Will on or about 4.11.1992, by reason whereof, she purported to have revoked the Will executed by her on 23.08.1978 and/ or the Codicil. She appointed one K.R.P. Singh and the Appellant Anil Kak as joint executors. She also appointed Mr. T.N. Unni, her Chartered Accountant to assist the executors in administering and distributing the estate and executing the said Will. She categorized her properties in two parts, viz., Part A and Part B.
Part A consisted of those properties which were bequeathed in her favour by her husband and Part B consisted of properties other than those specified in Part A. By reason of the said Will, the said two sets of the properties were to be administered separately Whereas Part A properties were bequeathed in favour of four daughters, Part B properties were sought to be bequeathed in favour of her four grand children.
(3.)INDISPUTABLY , the said Will was purported to have been attested by one Gita Sanghi, who examined herself as PW -5 and one Baljit Bawa, who was not examined. The Will contained a few appendices. Whereas the attesting witnesses purported to have put their signatures in each page of the Will, they did not put any signature on the appendices to the said Will.
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