BANSIDHAR SAO Vs. SHIV KUMAR GUPTA

JUDGEMENT

(1.) This appeal is against the order passed in Probate Case No.5/1993 whereby and whereunder application for probate has been dismissed.

(2.) As per the case of the legatee/beneficiary, testator- Late Hari Prasad Sao executed a registered WILL in favour of the appellant and other sons on 14/8/1961. Testator- Hari Prasad Sao, who died on 16/6/1981, had executed a registered WILL with respect to the properties detailed in Schedule A of the probate application.

(3.) Appellant is the son of the testator and the contesting respondent nos.12 ' 16, are step brothers and sisters of the appellant. Testator- Hari Prasad Sao had three sons namely Jagdish Sao, Motichand and Jyotichand by first wife, and five sons from the second wife. Respondents are sons and daughters from the first wife, whereas appellant is the son of testator from his second wife.