SAURABH KUMAR Vs. GAYATRI DEVI

JUDGEMENT

(1.) Heard both the parties.

(2.) This Miscellaneous appeal has been filed under Sec. 299 of The Indian Succession Act, 1925 for setting aside the judgment/order dtd. 20/8/2016 passed by learned District Judge, Gaya in Probate Case No. 56 of 2015 wherein he has dismissed the application of the appellants/applicants for grant of probate.

(3.) The case of appellants/applicants' in brief is that Dr. Ramchandra Prasad Singh (the testator), son of late Bhagirath Prasad Singh, was an eminent doctor who settled in London, U.K., in 1965 and resided there till his death on 24/11/2014. His wife predeceased him, and he left behind only one married daughter namely Gayatri Devi (respondent/opposite party), settled at her matrimonial home in village Mahmatpur, District Nawada. Out of his personal income, the testator purchased the Schedule-1 property by a registered sale deed dtd. 29/3/1972 from Bibi Rabiya Khatoon and constructed a house thereon. He was the full brother of late Babu Ramanuj Singh, grandfather of the appellants/applicants. The appellants/applicants, during their minority, were brought up and educated in the said house, which was provided for the residence of their father. In October 1992, during a visit to Gaya, the testator, being of sound mind and free from coercion, executed an unregistered Will on 22/10/1992 bequeathing the Schedule-1 property to the appellants/applicants, in the presence of attesting witnesses namely Ramanuj Singh and Rakesh Kumar (AW-2). The original Will is in the custody of the appellants/applicants, who are also named as joint executors. The testator died at his residence in the U.K., where he was cremated, with subsequent religious rites performed at Gaya. Proof of death has been filed. The appellants/applicants claim possession of the property after his death and seek probate of the Will dtd. 22/10/1992 in favour of appellants jointly with respect to Schedule-I of the petition thereafter filed Probate Case No. 56 of 2015 under Sec. 276 of the Indian Succession Act, 1925 for grant of probate. The citation was issued and served on the deceased and general public.