PROMOD KUMAR BHAGAT Vs. GOPAL RAM BHAGAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.08.1988, passed by the IVth Additional Judicial Commissioner, Ranchi in Probate Case No. 31 of 1982, whereby letters of administration in respect of the Will dated 12.03.1964 purportedly executed by one Naboram Bhagat was granted in favour of the appellant/Opposite Party No. 1.

(2.) THE petition for grant of letter of administration under Sec. 278 of the Indian Succession Act was filed by the Respondent No. 1, Gopal Ram Bhagat claiming that he being one of the legatees in the Will executed by Naboram Bhagat, is entitled to grant of letter of administration in respect of the properties bequeathed by the testator in his favour. The case of the petitioner/Respondent No. 1 is that Naboram Bhagat who was the resident of the village Bundu within the district of Ranchi, executed a Will dated 12.03.1964, which was his last testamentary declaration in respect of his properties, whereby he had bequeathed different portions of his properties in favour of the petitioner Gopal Ram Bhagat and others. The testator had, however, not appointed any executor under the Will. The testator Naboram bhagat died on 08.05.1967 leaving behind the petitioner and the other Opposite Parties, namely the Respondents as his nearest relations. It is further contended that though the petitioner/Respondent No. 1 was one of the beneficiaries in the Will, but he being a minor at the relevant time, he could not file the petition for grant of letter of administration earlier. The further contention of the petitioner/Respondent No. 1 was that to his knowledge, the original Will was handed over by the testator Naboram Bhagat to his wife Most. Sumu but later on the Opposite Party No. 1, namely, Brindaban Bhagat had taken and retained the original Will in his possession.

(3.) ON the basis of the rival pleadings, the learned court below had framed the following issues for consideration: