SUGRIV PRASAD Vs. RAVI SHANKAR KUMAR

JUDGEMENT

(1.) Instant appeal is filed under Sec. 299 of the Indian Succession Act, 1925 against the judgment dtd. 30/7/2009 passed by 1st Additional District Judge, Garhwa in Title Suit No.2/2003 arising out of Probate Case No.5/2000 by which the probate has been granted in favour of the plaintiffs/respondents with respect to the registered WILL executed on 5/10/1994.

(2.) As per the case of the plaintiffs, Harihar Sahu was the sole owner of the property detailed in Schedule A and B of the plaint, who died issueless leaving behind his widow Murat Sahun as a successor. Murat Sahun had no one to look after her, consequently, was residing with the plaintiffs/beneficiaries, who were sons and daughter of her brother. Out of natural love and affection, she executed WILL No.20 dtd. 5/10/1994, in favour of the petitioners for properties detailed in Schedule A and B of the plaint which was her first and last WILL. After her death, application for probate of the WILL was filed which was contested by the present appellant. The grant was contested inter alia on the ground that the said property was joint family property and the testator had no right to execute the WILL.

(3.) On contest, the probate application was converted into testamentary suit under Sec. 295 of the Indian Succession Act. The learned trial Court framed the mainly three issues: -