SAHADEV MAHATO Vs. MANDU MAHTAIN

JUDGEMENT

(1.) This appeal under Sec. 299 of the Indian Succession Act, 1925 by the applicant-appellant challenging the judgment whereby the Letter of Administration Case No.6 of 2006 filed under Sec. 278 of the Indian Succession Act was dismissed by the District Judge III, Dhanbad.

(2.) The appellant herein filed an application under Sec. 278 of the Indian Succession Act, 1925, praying for grant of letter of administration in respect of estate of deceased Rabi Mahato.

(3.) It is the case of the applicant-appellant that Rabi Mahato, a Hindu male died on 15/9/2005 within the jurisdiction of the Court at Dhanbad. It is his case that the deceased was of sound health and perfect state of mind while executing his last will and testament on 2/9/2005. He has bequeathed his estate and effects thereto in favour of the applicant-appellant, as the sole executor. Will was registered on 2/9/2005 in the Office of the Sub Registrar, Dhanbad. The applicant claimed that the Will was duly executed in presence of the attesting witnesses and one of the attesting witnesses, Bhim Mahato had sworn an affidavit along with the said Will. Applicant claimed that the deceased left behind his wife and two brothers, appellant being one of them. The appellant stated that by virtue of the said Will, the property was devolved upon him. Valuation was also mentioned.