DULHIN BUDHIA DEVI Vs. JAPTI KUER

JUDGEMENT

(1.) The plaintiff has filed this first appeal against the judgment and decree dated 12.03.1977 passed by 6th Additional District Judge, Ara (Bhojpur) in Title Suit No.07 of 1974 whereby the learned Additional District Judge has dismissed the suit.

(2.) The plaintiff-appellant filed an application under Section 278 of the Indian Succession Act for the grant of letters of administration with respect to the Will dated 31.03.1970 said to have been executed by Most. Ramdei Kuer, widow of Ram Lal Choudhary.

(3.) The appellant claimed the letters of administration alleging that Ramdei Kuer was being looked after by the appellant and Ramdei Kuer had great love and affection. The appellant is the step daughter of Lagna Kuer, who was daughter-in-law of Ramdei Kuer. She executed the Will in sound state of mind and health. After knowing the details of the Will she put her L.T.I. in presence of witnesses on the Will, therefore, the appellant is entitled to the letters of administration with respect to the assets mentioned in Annexure A to the application under section 278 of the Indian Succession Act.