SANJAY PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the Judgment dated 11.08.2011 passed by the learned District Judge, Dhanbad in Title Probate Case No. 04 of 1999, whereby and whereunder the learned Court below has dismissed the application of the appellants/ applicants.

(3.) The case of the plaintiffs before the learned Court below in brief was that they approached the Court for probate of Will executed by their grandfather Ramchandra Prasad (Mistry) in their favour.. It is further the case of the appellants that Ramchandra Prasad purchased two plots having Plot No. 1520 and 1522 under Mouza Chhatabag from one Diwakar Mahto and Fagu Yadav by two sale deeds. After his death, his only son Ram Kewal Prasad stepped into the shoes of his father as sole and absolute owner in accordance with Hindu Succession Act. In the year, 1998, out of love and affection, Ramchandra Prasad made a Will on 24.04.1998 in favour of plaintiffs Sanjay Prasad, Pappu Prasad and Bijay Prasad and their father Ram Kewal Prasad was appointed as executor. At that time, Sanjay Prasad and Pappu Prasad were minors and they were residing under the guardianship of their father. Therefore, they have been represented by Ram Keval Prasad. Ramchandra Prasad executed said Will in presence of witnesses for the land mentioned in schedule, which is of Mouza-Chhatabad No. 171 under Khata No.10 bearing S.S. Plot No.1520 and 1522, both having area 42 decimals. Will was voluntarily executed without any pressure or influence or coercion on 24.04.1998. Meanwhile, Ramchandra Prasad died on 03.05.1999 leaving behind his only son Ram Kewal Prasad, therefore, no one except, State of Bihar had been made opposite party representing the general public. Ramchandra Prasad was living at Chhatabad in house of his son Ram Kewal Prasad and out of love and affection, executed the said Will. It has been certified that, no application for grant of probate or letters of administration was filed earlier by the applicants for the assets mentioned in the schedule. In support of death of Ramchandra Prasad, death certificate was been filed.