LATE SHRIMANT KUMAR CHOUDHARY Vs. X

JUDGEMENT

(1.) Heard the learned counsel, Mr. R. K. Srivastava for the caveators, one filed by Shishir Kumar Choudhary, second filed by Vijayawant Kumar Choudhary and the third filed by Balwant Kumar Choudhary and Samant Kumar Choudhary jointly.

(2.) The testamentary case has been filed under Section 276 of the Indian Succession Act, 1925 by the petitioner, Dharmesh Kumar for the grant of probate in respect of the properties mentioned in the schedule of the petition which are the estate of the deceased testator namely Shreemant Kumar Choudhary.

(3.) The caveators have filed the caveat opposing the grant of the probate with respect to the Will. The caveators case is that in fact, subsequent to the alleged Will sought to be probated by petitioner, another Will has been executed by the deceased testator, Shreemant Kumar Choudhary superseding his earlier Will in favour of four caveators and two others and on the basis of the subsequent Will executed by the testator, the caveators have already filed probate case being Probate Case No.14 of 2012 which is pending before the District Judge, Samastipur. Therefore, they have got caveatable interest in this probate case.