In The Prop. Of Late Ganga Bakhsh ... vs Unknown
2012 Latest Caselaw 1536 ALL

Citation : 2012 Latest Caselaw 1536 ALL
Judgement Date : 9 May, 2012

Allahabad High Court

In The Prop. Of Late Ganga Bakhsh ... vs Unknown on 9 May, 2012

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- TESTAMENTARY CASES No. - 2 of 2012
 

 
Petitioner :- In The Prop. Of Late Ganga Bakhsh Singh
 
Petitioner Counsel :- Rakesh Kumar
 

 
Hon'ble Pankaj Mithal,J.

The petitioner is seeking probate of the will dated 2.9.2008, alleged to have been executed by late Ganga Baksh Singh.

Petitioner is not an executor in the said will. Therefore, in view of section 222 of the Indian Succession Act, he is not entitled to seek probate of the same. At best, he can only apply for grant of letters of administration on the basis of the aforesaid will.

In view the above, counsel for the petitioner is permitted to amend the prayer made in the petition.

He is also directed to take steps to prove the will by filing a proper affidavit of one of the attesting witnesses. He is allowed 2 weeks' time for doing the needful.

List it thereafter.

Order Date :- 9.5.2012

sks-grade iv