LAWS(PAT)-2013-9-19

IN THE MATTER OF AN APPLICATION Vs. STATE

Decided On September 12, 2013
In The Matter Of An Application Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PRESENT is the application filed under section 276 of the Indian Succession Act to grant probate of the Will dated 08.08.2006 appended to the application executed by Late Ranjeet Bahadur Singh (testator) in favour of the applicant.

(2.) IT has been stated that the testator was an Ex Member of the Bihar Legislative Council and in that capacity the testator was allotted a piece of land by the Bihar Sansad Evam Vidhan Mandaliya Sadasya Grih Nirman Samiti Ltd. Patna bearing sub plot no.156 situated at Mauza-Salempur Dumra Thana-Phulwari Thana No.10 at present known as Kautilya Nagar, P.S. Airport in the district of Patna measuring a total area of 2415 sq.ft. During his life time the testator, after allotment of the said plot, constructed a house thereon in which he was living till his death.

(3.) THE Will annexed to the application has been proved and marked Ext 1. To prove the Will the applicant has examined AW- 1 Ram Bahadur Singh who is one of the attesting witnesses of the Will. AW- 2 Kamal Nath Singh Thakur is another attesting witness of the Will, and AW-3 Arvind Kumr Singh is the applicant himself. Besides above, the affidavits filed on behalf of Smt. Smiriti Singh (daughter of the testator) and Smt. Priti Singh another daughter of the testator have been placed on record.