respondent Malati, the Division Bench noted the citations in
the Will propounded by the appellant showing Malati to be
only a maid servant but on the basis of totality of facts and
circumstances it rightly came to the conclusion that a person
by merely making a contrary statement in the Will cannot
change a real relationship if it actually existed and hence at
least arguable case in favour of claim of Malati as regards her
relation with the testator has been established and hence she
deserves to be permitted to contest the probate proceeding.
The Court, at the same time made it clear that whether Malati
is really a lawful widow of the testator or not cannot be
conclusively adjudicated in the probate proceedings and
therefore, only a prima facie view was possible to decide
whether her caveat should be discharged or not.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.473 of 2009
Saroj Agarwalla (Dead) Thr. LR
Abhishek Agrawalla
Versus
Yasheel Jain
Dated:October 24, 2016
