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Judgment
Gita Gopi, J
Ms. Bhoomi M.Thakore, learned advocate for the appellant states that an application was moved under Indian Succession Act for probate/letter of administration for the land, which was bequeathed to the appellant admeasuring 2 Acres and 15 Gunthas of village-Bhutadi. In the will, it had been referred that the appellant was adopted daughter.
Advocate Ms. Thakore submitted that the application came to be rejected observing that the will was not registered and has not been executed on necessary court stamp. Advocate Ms. Thakore submitted that the witnesses, who signed the will, had produced their affidavits at Exhibits-22 and 23, and the wife of the deceased, who executed the will, had produced her affidavit at Exhibit-10, executed before the Notary; in spite of that the learned Principal Civil Judge, Visavadar rejected the application on 10.10.2022.
Advocate Ms. Thakore submitted that aggrieved by the same, Civil Appeal No.1 of 2023 was moved before the 2nd Additional District Judge, Visvadar, Junagadh. Ms. Thakore stated that the learned appellate Judge on the very same line dismissed the appeal, and further had raised a doubt regarding relation of appellant with that of deceased.
The prayer was made for probate/letter of administration to the will, which was supported by the affidavit of the witnesses as well as the wife of the deceased.
In view of the submissions, Admit.
The following substantial question of law are raised:
(A) Whether both the learned Court below committed a substantial error of law in interpreting the provisions of the Indian Successions Act?
(B) Whether both the Courts have erred in not construing the provision of the Indian Succession, which does not mandates for compulsory registration of will?
(C) Whether the learned civil Court and learned district Court have misinterpreted the document at Exh.9 and 10 as well as Exh.22 and 23?
(D) Whether the lower Courts have committed an error in coming to the conclusion that the applicant has not proved her adoption, and further by way of documentary evidence?
Record and Proceedings be called for from the concerned District Court.