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TMI Blog1953 (2) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... ry Magistrate of Ghazipur. By this will the testator appointed one of his step-brothers, namely Ishwardeo Narain Singh, as the executor. By the will he directed that the entire fixed rate tenancy in village Billahri should be sold and the sale proceeds utilised towards the expenses relating to the marriage of his daughter and that until the property was sold the income thereof should be accumulated and should be utilised towards the expenses relating to the maintenance and marriage of the daughter. He further directed that after his death a grove should be planted in certain lands situate in village Kundesar and a temple should be constructed in the grove and an idol of Sri Thakurji should be installed therein and all the Zamindari rights t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s void for uncertainty and relying on a decision in - 'Phundan Lal v. Arya Prithi Nidhi Sabha', 33 All 793 (A), the learned District Judge held that the will was not expressive of any definite intention and was, therefore, not a will as defined in Section 2(h) of the Indian Succession Act. In view of this finding the learned District Judge rejected the application for probate. An appeal was taken to the High Court. The High Court held that the due execution of the will had not been proved. The High Court also held the view that the will was void for uncertainty and on both of these grounds the High Court affirmed the judgment of the trial Court and dismissed the appeal. The petitioner applied to the High Court for leave to appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surrounding circumstances. The first circumstance referred to was that the will was an unnatural will. The testator had no male issue out had only one minor daughter. His wife had predeceased him and he had not married a second wife. By his will he made provision for the marriage of his daughter out of certain specified part of his estate. The rest of his properties he gave to Thakurji. We see nothing unnatural or unofficious about this will. 4. The High Court has relied on the fact that the will was not registered or deposited with the District Registrar. There is nothing in law which requires the registration of a will and wills are in a majority of cases not registered at all. To draw any inference against the genuineness of the will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat there was at one time some disagreement between the testator and his father and stepbrothers but after the death of his stepmother the disputes were evidently composed. We have documentary evidence to show that the testator and his father filed a joint written statement in some suit. It is also in evidence that the testator signed an application for execution of a decree obtained by his father acting as the general agent of his father. It is also in evidence that although the testator had separated, he and his father and stepbrothers used to pay land revenue jointly. There is nothing improbable in the family disputes being settled. In these circumstances there is nothing improbable in the testator appointing one of his stepbrothers as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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