JUDGEMENT
PRADEEP NANDRAJOG,J. -
(1.)THE dispute in the above captioned appeal is between the family members/legal heirs of Late Smt. Krishna Devi Ahuja (hereinafter referred
to as the testatrix).
(2.)THE genealogy tree of the family of Late Smt. Krishna Devi Ahuja is as under:-
Testatrix left the world of the living on 22.07.1982. Her husband had pre- deceased her, having died somewhere in the year 1967 or 1968.
(3.)ON 21.09.1987, Smt. Usha Bajaj (hereinafter referred to as the propounder) filed a petition under Section 276 of the Indian Succession
Act 1925 seeking probate of a will dated 02.11.1977 purportedly executed
by the testatrix. Inter alia, to establish that the will was validly
executed by the testatrix attention of the court was drawn to the
contemporaneous conduct of the testatrix vis-a-vis the contents of the
will. It was pleaded that during her lifetime the testatrix had already
implemented a substantial part of the bequest by transferring to the
named beneficiaries what was intended to be transferred after her death.
It was pleaded that the property at Bombay which was bequeathed in favour
of the propounder was transferred by the testatrix during her lifetime in
name of the propounder. Likewise, in her lifetime the testatrix gifted
the gold ornaments which were bequeathed in favour of the daughter of the
propounder Ms. Ameeta Bajaj to her.
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