MANU DEVI Vs. CHEPIA MAHATAIN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order passed by the then 7th Additional District Judge, Dhanbad in Letters of Administration Case No, 2 of 1980, whereby the application made by the applicant -appellant for grant of Letters of Administration in respect of the Annexed Will dated 6 -2 -1962 allegedly executed by late Nandu Mahto of village Sonabad, P.S. Chas, District -Dhanbad who died on 9 -11 -1964 has been rejected.

(2.) THE case of the plain tiff -applicant was that late Nandu Mahto had adopted him as his adopted son and his relationship with the deceased was that of uncle and nephew. Besides the applicant -appellant -Nagen Mahto, the deceased had also daughters and wife. It was the case of the applicant -appellant that about two years prior to the death, late Nandu Mahto executed a will on 6 -2 -1962 bequeathing his properties as contained in Annexures -A, B and C of the petition for Letters of Administration. Some of the properties had been bequeathed in favour of the adopted son i.e. the applicant and some properties had been specifically bequeathed in favour of the daughters and widow. The property was assessed to be valued at Rs. 2200.00 .

(3.) PETITION for Letters of Administration was filed by the applicant -appellant in the year 1980 and the same was registered on 11. -7 -1980 as Letters of Administration Case No. 2 of 1980. The natural heirs of late Nandu Mahto had been made parties and they were given notice also. Once case was ready for ex parte hearing as the natural heirs did not appear, but on perusal of the Will in question, the then Judge concerned had a doubt regarding the genuinity of the Will and as such he ordered for further notice to be served on the natural heirs of the Testator. Accordingly, notices were served and now the natural heirs have appeared and they have questioned by filing objection regarding the genuinity of the Will and also the maintainability of the petition on the ground of limitation.