PRAFULLA KUMAR NAYAK Vs. KHAGESWAR MISRA & ORS.

JUDGEMENT

(1.) This is an appeal by defendant No. 1 under Sec. 299 of the Indian Succession Act.

(2.) Madan, predecessor in interest of the respondents file a petition for letter of administration for testamentary succession on the basis of the Registered will (Ext. 1) dated 23-7-1971 by Cbemei Dibya. Father guardian of the appellant entered caveat on his behalf since appellant was a minor and disputed the grant of letter of administration to Madan. Genuineness of the will was challenged on ground of old age and illness of Chemei alleging undue influence by Madan and it was claimed that on 20-1-1971 Chemei gifted some properties in favour of the appellant in respect of which no letter of administration can be granted.

(3.) On appreciation of evidence learned Trial Judge held that the will which is the last will of Chemei has been executed. As regards inclusion of properties which had already been gifted, Trial Court held that the question as to whether the testator had a right to bequeath properties not belonging to her is completely foreign for consideration in a proceeding for grant of letters of administration.