SITARAM GOSWAMI Vs. SHANTI DEVI

JUDGEMENT

(1.) This appeal is against the order passed in Probate Case No. 03 of 2005 by learned District Judge-II, Dhanbad under Sec. 276 of Indian Succession Act, by which the probate application has been dismissed.

(2.) As per the case of the Appellant/Applicant, Srimatiya Radha Debya @ Kusum Debya, daughter of Late Shashi Bhusan Goswami, and Wife of Late Basanta Goswami, executed her last WILL dtd. 3/9/2004 in favour of the Appellant.

(3.) After executing the said registered WILL, she died on 26/9/2004. The suit property was recorded in the name of Joginda Goswami and Haripado Goswami and the testatrix happened to be the paternal grand daughter of Joginda Goswami, whereas the respondents are the heirs and descendants of Haripado Goswami.Testatrix Srimatiya Radha Debya @ Kusum Debya had purchased the said suit land vide registered sale deed no. 15702 dtd. 2/9/1968.