LALITA DEVI Vs. HARKESH THAKUR

JUDGEMENT

(1.) THE plaintiffs have filed the test case for grant of Letters of Administration with the will annexed 10. to it which is stated to have been executed by Jagannath Prasad Thakur @ Jagarnath Prasad Thakur in their favour.

(2.) THE objector Harkesh Thakur filed a caveat to the grant of Letters of Administration on the ground that the will was not executed by Jagannath Prasad Thakur and thereupon the said test case was converted into Test suit.

(3.) THE case of the plaintiffs is that they are daughter in laws of the deceased and testator having been pleased with their services rendered in his old age executed a deed of will on 22.07,1985 in their favour which was registered on the same day before the Registrar, Registration Office, Ara. Thereafter the testator died on 17.8.1985. The will was the last will of the deceased and executed 25. in presence of three witnesses, namely, Shivanand Sahay, Advocate, P.W. 1, Sita Ram Rai, P.W. 3 and Raghunath Sharma, P.W. 4. They also attested the will in presence of Testator. The deceased having disposing state of mind at the time of execution of the will, with his own free will and without any influence and after fully understanding the contents of ';the said will which was scribed by Xi Bahadur Rai executed it and the same was attested by the witnesses. As such the 30. letters of Administration may be granted with the copy of the will attached to it to the plaintiffs.