(1.) Shridhar Mahata and others, the sons of late Hadiram Mahata, Budhu Mahata and Khudu Mahata filed application under Section 268 of the Indian Succession Act (the Act) for probate of a will said to have been executed by Chutamani Debya bequeathing her property in favour of Hadiram Mahata, Budhu Mahata and Khudu Mahata. Since they were not the executors, probate of the will could not have been granted and letters of administration has been granted by the court below which has been challenged by Dukhu Mahata, one of the objectors in the court below.
(2.) According to the propouuders, Smt, Chutamani Debya executed a registered will on 22-12-1917 bequeathing her property in favour of Hadiram Mahata, Budhu Mahata and Khudu Mahata. They were own brothers. The will was marked as Ext. 1. The legatees uader Ext, 1 did not file any application for letters of administration and their sons filed an application which was registered as Probate Case No. 3 of 1970. Objections, were filed by other agnatio relations of Chutamani Debya and the case, therefore, was registered as Title Suit No. 2 of 1971. The appellant-objector No. 1 challenged the genuineness of the will. He also stated that she never executed the will voluntarily. The entire thing was fradulet.
(3.) The court below on the basis of the evidence held that Smt. Chutamani on her free will had executed Ext. 1 and that she had title to the property.