VIDYAWATI DEVI Vs. NEERAJ KUMAR

JUDGEMENT

(1.) This is an application for grant of Letter of Administration in respect of the will dated 2nd January, 2004 of late Ramkali Devi, widow of late Kamta Prasad Jaiswal, resident of Mohalla Jairam Bazar, Khagaul, Police Station and Post Office Khagaul, District Patna with her present address on the day of execution of the will being Mohalla Lodikatra, Patna City, P.S. Khaje Kalan, Post Office Patna City, Patna-800008, District Patna. The application has been filed by Smt. Vidyawati Devi, who is the Mameri sister of the testatrix on the ground that she is the sole beneficiary under the will and, thus, she has the right to be granted Letter of Administration with a copy of the will annexed.

(2.) It is the case of the plaintiff that the testatrix Smt. Ramkali Devi purchased a house on 26.2.1991 from Bibi Sabra Khanam from her own stridhan at Mohalla Lodikatra, Patna City which was in front of the house of the plaintiff and after the purchase she came in possession over the same and started living in it along with her husband. Her name was also entered in the Municipal records. On 11.1.1995 her husband Kamta Prasad died and after his death the plaintiff and her family members started looking after Ramkali Devi. After some time Ramkali Devi started living in the house of the plaintiff.

(3.) It is the further case that being pleased with the services rendered by the plaintiff, her husband and sons the said Ramkali Devi executed a will on 2.1.2004 in the presence of as many as five witnesses in which she left behind her said stridhan property in favour of the plaintiff. Thereafter Ramkali Devi died on 27.3.2004 in the house of the plaintiff and was cremated by her son Suresh Kumar Jaiswal and shradh, etc. were also performed by the plaintiff's family members.