BIJENDRA KUMAR GUPTA Vs. BIRENDRA KUMAR GUPTA

JUDGEMENT

(1.) The Plaintiff has filed this First Appeal against the judgment and decree dated 16.02.2005 passed by Sri Brahma Nand Prasad, the learned Addl. District Judge, Fast Track Court, Munger in Probate Case No. 5 of 1992 which was subsequently numbered as Title Suit No. 5 of 2001 whereby the learned Court below dismissed the suit with cost.

(2.) The Plaintiff-Appellant filed the application for grant of probate or letters of administration which was registered as probate Case No. 5 of 1992. The Defendant-Respondent contested the matter and, therefore, in view of Section 295 of the Indian Succession Act, the said application was renumbered as Title Suit No. 5 of 2001.

(3.) The Plaintiff's case in short is that the writing annexed with the application is the last will and testament of Sukhdeyi Devi wife of late Shyam Sunder Narayan. The will is dated 02.11.1988. Sukhdeyi Devi died on 22.11.1988. The said will was duly executed in favour of the Plaintiff by Sukhdeyi Devi at her residence which was duly attested. The Plaintiff was serving Sukhdeyi Devi as his mother and out of love and affection, she executed the will in presence of the witnesses. Sukhdeyi Devi was the wife of Plaintiffs father's brother. Chit Sundar Narayan, the father of the Plaintiff is brother of Shyam Sunder Narayan. She died leaving behind Chit Sundar Narayan who would have inherited the property if there was no will. Therefore, the Plaintiff prays for grant of probate or in alternative prayed for grant of letters of administration.