ANUMUKTA SHASHIHAR Vs. NAGESHWAR CHOUDHARY

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. 27/1/2020 by Learned District Judge Madhubani in Probate Case No. 10 of 2018 in which the probate case has been dismissed on the ground of error of records.

(3.) The brief fact of the case is that the will dtd. 31/10/2003 executed by the testator Nageshwar Choudhary in which the immovable property the land as 4 kattha 15 dhur situated at Tengari, Khata no.80 khesra no.77 jamabandi no. 156 corresponding to 92 Kurson District Madhubani is in favour of the appellant no. 1 the daughter in law of the testator and movable property víz ornament & jewelries to his next son Raj Mohan Choudhary. The said will was the last will of the testator and it was executed by the testator in his full senses and consciousness before the witnesses without any coercion or compulsion. The appellants said that the testator had appointed respondent no. 4 as executor of the will but the executor did not take any step for probate of the will or issuance of letter of administration due to paucity of time and made the appellants suffer and then finally he renounced the executor-ship on 24/1/2018 handed over the original will to the appellant no. 1 for getting the Probate of the will. Earlier the appellant no. 1 had filed the petition but latter on the appellants no. 2&3 also joined the petition for probate by adding themselves as beneficiary.