NEELAM SINGH Vs. SUDHA SINHA

JUDGEMENT

(1.) The appellants are the heirs of O.P. No. 1 [Chandra Bhushan Singh (dead)] who have preferred the instant appeal against the order granting probate of Will executed by the testator on 27/11/1997 in favour of his daughter Dr. Sudha Sinha, with respect to 17.6 decimal of land appertaining to Society Plot No. 490 of Services Housing Cooperative Society, Ashok Nagar at Argora passed in Probate Case No. 215 of 2001/T.S. No. 02 of 2003.

(2.) The case of the applicant Dr. Sudha Sinha in brief is that the suit land was the self-acquired property of the testator Late Babu Amar Nath Singh who executed the Will on 27/11/1997 in presence of two witnesses namely, Dr. Ran Vijay Narayan Singh and Mrs. Meena Kumari. Later one Madhulika Akhouri also put her signature on the will on 21/1/1998. The Will along with the relevant papers were handed over by the testator to the applicant. Babu Amar Nath Singh died on 2/9/1998 leaving behind the following heirs:

(3.) The application for probate of will was filed on 6/10/2001. It is asserted that the Will was executed out of free will and in perfect health.