LAWS(JHAR)-2024-3-61

VISHAL RANJAN Vs. ARUN KUMAR SINGH

Decided On March 12, 2024
Vishal Ranjan Appellant
V/S
ARUN KUMAR SINGH Respondents

JUDGEMENT

(1.) Present miscellaneous appeal has been preferred under Sec. 299 of the Indian Succession Act, 1925 for quashing the judgment/order dtd. 31/10/2017 passed by learned Additional Sessions Judge II, FTC, Bokaro in Testamentary Suit Case No. 04 of 2016 for granting probate of the will dtd. 8/7/2013 which has been dismissed only on the ground of territorial jurisdiction.

(2.) As per pleading of the appellant, the appellant has filed the probate case no. 03 of 2014 under Sec. 273/276 of the Indian Succession Act, 1925 before the learned Principal District Judge, Bokaro for grant of probate of the Will of late Binaya Kumar Singh dtd. 8/7/2013 who died on 13/8/2013 at Bokaro. It is alleged that testator Binaya Kumar Singh after his retirement from the service of Indian Railways was residing at Bokaro with his eldest son Sri Arun Kumar Singh and was looked after by his family. The said Binaya Kumar Singh with his own free will and desire execute a will dtd. 8/7/2013 which was registered before the District Sub Registrar, Bokaro 9/7/2013. The applicant is grand-son of testator and has been made legatee of the property of late Binay Kumar Singh for a piece of land measuring 1 kattha, 10 dhur comprising within plot no. 179, khata no. 28, tauji no. 247, thana no. 21, mauja Purendrapur, P.S. Fulwari (old), New P.S. Jakkanpur.

(3.) After institution of aforesaid probate case no. 03 of 2014 notices were issued to all the seven opposite parties (respondents in this appeal) who appeared before the concerned trial court and filed their objection/written statement contesting the probate case.