SHARWAN KUMAR GUPTA Vs. ABHIJIT KUMAR LAL

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed against the judgment and order dtd. 25/2/2012 passed by learned Principal District Judge, Palamau at Daltonganj in Title Suit No.03 of 2007 arising out of Probate Case No.06 of 2006 whereby and whereunder the application for grant of probate or letters of administration in respect of the registered Will bearing No.8029 dtd. 2/8/2005 executed by the deceased testator namely Sita Sao @ Sitaram Sao has been refused and the application dismissed.

(2.) As per the case of the applicant Sitaram Sao was the owner of the properties described in the schedule of the probate application and he without any coercion, misrepresentation or undue influence and on his own will and sound disposing state of mind, executed a WILL on 2/8/2005 bequeathing his properties mentioned in the WILL in favour of the plaintiffs, who are his nephews. The said WILL was scribed by Ram Krishna Prasad, who also read over and explained the contents of the WILL to the testator. The said WILL was executed on 2/8/2005 by the Testator by putting his L.T.I. on all the pages of the WILL and registered vide no. 8029. Though the executor/testator Sitaram Sao was a literate person but due to paralysis, he was not able to put his signature and accordingly he put his L.T.I. over all pages of the WILL.

(3.) The execution of the WILL has been witnessed by Raghvendra Narayan Singh. Besides the above, one Gafur Mian and Sanjay Kumar (Taids) also witness to the WILL. There was no express appointment of the executor of the WILL but the recital of the WILL showed that the plaintiffs had been appointed as executors by necessary implication. The execution of the WILL has been admitted by the Testator in his written statement on 1/5/2006 in Partition Suit No.83 of 2005.