Case: Karmi Vs. Amru &amp; Others

1. One Jaimal was the owner of the suit properties. He died in 1938 leaving behind him his wife Nihali his son Ditta had predeceased him. The appellant is the daughter of Ditta The respondents are collaterals of Jaimal. The family genealogy is found at p. 125 of the. During the lifetime of Jaimal, he appears to have executed two wills. The first will was executed on December 18. 1935 and the second will on November 13, 1937 Both of them are registered wills. By the second will he revoked the first will. By that will he directed that on his death, his entire estate will devolve on his widow, Nihali during her life and thereafter the same would devolve on Bhagtu and Amru, his collaterals. On the death of Jaimal, the properties were mutated in the name of Nihali. Nihali died sometime in 1960 or 1961. On her death Bhagtu and Amru claimed the properties on the basis of the will of November 13, 1937 but the appellant claimed the properties as the sole legatee from Nihali under her will of April 25, 1958. This dispute led to the present proceedings.

Reasoning: The concurrent finding of the 1st Appellate Court as well as the High Court that the will executed by Jaimal on November 13. 1937, is genuine is a finding of fact and the same cannot be assailed in this Court. Nihali having succeeded to the properties of Jaimal on the strength of that will cannot claim any rights in those properties over and above that given to her under that will. The life estate given to her under the will cannot become an absolute estate under the provisions of the Hindu Succession Act. Therefore the appellant cannot claim any title to the suit properties on the basis of the will executed by Nihali in her favour.