AIR 1974 RAJASTHAN 69 ::1973 RajLW 595 ::ILR (1973) 23 Raj 1141

Rajasthan High Court

Hon'ble Judge(s): C. M. Lodha , J

Rajasthan Court Fees and Suits Valuation Act (23 of 1961) , S.38, S.24(e)— Court-fees Act (7 of 1870) , Sch.II Art.17(iii)— Suit by son challenging validity of will of his father on grounds of fraud and undue influence etc. - Suit held for declaration only and not for cancellation - Suit maintainable on fixed Court Fee - S.38 is not applicable. Brief Note :- (A) The son filed a suit challenging the validity of the will of his father on the grounds that the testator was not in a sound disposing mind at the time of executing the will, that it was got executed by undue influence, fraud and coercion and that the property in dispute was ancestral and Joint family property and the testator had no right to dispose it of by will. Held that the suit was not for cancellation of the will and consequential relief but was for the declaration that the will executed was void and ineffective as against the son and the suit was maintainable on a fixed Court Fee under Section 24(e). Section 38 is not applicable. .....