PUNAM DEVI Vs. UNKNOWN

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the order dtd. 6/9/2018 passed by Sri Ranjan Kumar, the learned Subordinate Judge, 1st Court, Begusarai (District Judge Delegate) in Probate Case No. 27 of 2012.

(2.) Brief fact of this case is that Saroswati Devi, the testatrix, had executed a deed of Will in favour of the appellant, Smt. Punam Devi on 13/12/2021. It was a registered deed, containing the signature of two attesting witnesses, namely, Madan Mohan Singh and Santosh Kumar Verma.

(3.) The learned counsel for the appellant has submitted that it was a registered deed of Will and none has come forward to contest the genuineness of the same. But the learned court below has rejected the probate application on the sole ground that only one attesting witness, Madan Mohan Singh along with scribe was examined. The learned counsel for the appellant has submitted further that the ground on which the probate petition was rejected, was not supported by law, and is illegal.