MANOJ KUMAR SINHA Vs. MANKESH KUMAR SINHA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents.

(2.) The present appeal has been filed under Sec. 299 of the Indian Succession Act,1925. Against the order dtd. 16/12/2017 by Subordinate Judge 1st, Motihari in Probate Case No. 40 of 2012 in which the probate case has been dismissed on the ground of limitation.

(3.) The brief fact of the case is that the deceased father Kashi Nath Sinha of appellant executed a registered will dtd. 26/6/2000 in favour of the appellant and his two brothers in respect of the his maternal property fully detailed in Schedule no. 1 of the record. It has been further stated that the testator died on 30/6/2000 leaving behind three sons and wife and one daughter and husband and children of predeceased daughter who are opposite party in this case. It has been further stated that the testator was resident of village Madhopur Tansaraia, P.S. Turkauliya District East Champaran which is within the jurisdiction of the Learned Trial Court. The will was typed by Mr. Mohan Prasad, at instruction of the testator and he was executed the will in his own pen in presence of the attesting witnesses and the attesting witnesses have also put their mark in presence of the testator and he himself presented the same before the Registration Authority and admitted the execution of the will and the said will was last will of the testator.