Syed Mohd. Salie Labbai (Dead) By L.Rs. ... vs Mohd. Hanifs (Dead) By L.Rs. And Ors on 22 March, 1976
2. Citation was published in newspaper 'National Herald', but
no one appeared from general public to file any objection. Notice of the
petition was given to the respondents. Respondent No.3, 5 & 6 filed
(PC No.351/06) (Shashi Kr. Jain, thru L.Rs vs. State & Ors.)
: 3:
their no objection. Respondent No.4 was proceeded ex parte. The
petition was contested only by respondent no.2 Anil Kumar Jain, who
filed objections challenging the Will. He took preliminary objection that
the Will is undated and is not bearing the signatures of Shri Madan Lal
Jain on each page and is also not in the handwriting of Shri Madan Lal
Jain. It has been stated that the properties mentioned in the Will were
not self acquired property of late Shri Madan Lal Jain. Most of these
properties were acquired out of the funds, income and assets of Hindu
undivided family known as Madan Lal Jain (HUF) of which he was the
Karta and his four sons i.e. petitioners and respondents no.2 to 4.
Respondents No.2 to 4 are the co-parceners. It is, thus, stated that Shri
Madan Lal Jain had no right, power or authority to execute the Will in
respect of HUF property. It is also stated that even if the Will was
executed, the same shall be the result of undue pressure, coercion and
influence as Shri Madan Lal Jain was not in sound disposing state of
mind and health and, therefore, the Will was not executed out of the
free will and sound state of mind. It has further been stated that no
reason has been given in the Will for not bequeathing any property to
respondent no.2 and his family. It has also been stated that both the
witnesses had proximity with the deceased. It has further been stated
that the verification of the petition is not in accordance with the law and,
therefore, the petition is liable to be dismissed. On merits of the case,
the respondents denied all the averments made in the petition.