The trial companyrt was directed to decide whether respondent number1 inherited 1/6th or 1/5th share in the estate of Indira Bai.
All the defendants, namely, father, three brothers and one sister of the plaintiff respondent number1 took the stand that Indira Bai had left behind a will dated 26th August, 1981 and her properties are to be dealt with as per the will.
On appreciation of evidence the trial companyrt held that the will had been dully proved and the suit was dismissed.
The judgment of the High Court has been challenged in this appeal by sons of Indira Bai.
She also pleaded that if there is any will that is forged.
Admittedly he was the family lawyer of the defendants.
Since the husband of Indira Bai died during the pendency of the suit and respondent number1 disputed the execution of will by her father and proceeding on the basis that her father died intestate, the plaintiff by amending the plaint claimed 1/5th share instead of 1/6th in the estate of Indira Bai.
It was held that the will had number been proved and the plaintiff was entitled to 1/6th share in the assets of Indira Bai.
The High Court directed remand of the suit to the trial companyrt for fresh disposal in the light of the findings in respect of the will dated 26th August, 1981.
In the first appeal, the judgment of the trial companyrt was reversed by the High Court.
The findings of the trial companyrt upholding the will dated 26th August, 1981 were reversed by the impugned judgment.
Indira Bai died on 13th November, 1981.
The father of respondent number1 who was defendant number1 in the suit died during the pendency of the suit.
In April, 1983, respondent number1 instituted a suit against the appellants, respondent number2 and her father claiming that Indira Bai died intestate on 13th November, 1981 and she is entitled to 1/6th share in the properties left behind by her.
K. Sabharwal, J. Respondents 1 and 2 in this appeal are daughters of one Indira Bai.
Appellants are her three sons.
