LAWS(PAT)-1985-11-11

RAM LAL SAH Vs. BIRENDRA KUMAR

Decided On November 27, 1985
RAM LAL SAH Appellant
V/S
BIRENDRA KUMAR Respondents

JUDGEMENT

(1.) A probate granted to the profounder plaintiff by the Additional District Judge III, Patna has been questioned by the appellant. Chandan Sah the testator executed a will on 6 -2 -1961. He was however, admitted in the Patna Medical College Hospital on 11 -2 -1961 for treatment where he died on 14 -2 -1951.

(2.) The testator has in the said will bequeathed his movable and immovable properties to his widow Mosmt. Murat Kuer and after her death to the profounder and his two brothers Surendra Kumar and Satya -pal Gupta as absolute owners. The propounder has specified the properties bequeathed in the will in Schedule I of his application and alleged that the will was duly executed, attested and signed. Nandlal Sah and Ramlal Sah, two sons of the testator (described hereinafter as caveators) filed caveat alleging that the will was a forgery, that the testator had no sound mind and disposing capacity on 6 -2 -1961, who died at the age of 83 on 14 -2 -1961. The testator suffered various ailments of kidney, high Blood -pressure etc. and was invalid for all practical purposes since about a year before his death.

(3.) Ramlal Sah lived mostly at village Rargaon in Shahabad district. Nandlal Sab also resided in his village home Bargaon. Ramlagan Sah the propounder's father however, lived with his parents at mohalla Bakerganj, Patna. He was, due to the ailment of their father Channan Sah looking after the affairs of the joint family business. He however, abruptly closed the said business and started a new one in his own name' purchased a house at Bakerganj in the name or his wife and thus, disrupted the joint family. This gave rise to a dispute of partition, ultimately dividing the properties between the brothers and share left for the parents. Ramlagan Sah however, got a Deed of gift dated 10 -7 -1956 executed in the name of his son with regard to the house allotted to the father Chandan Sah and later obtained the will which is a forgery.