SANJAY KISHAN KAUL, HRISHIKESH ROY
Lachhmi Narain Singh (D) Through LRs – Appellant
Versus
Sarjug Singh (Dead) Through LRs. – Respondent
Based on the provided legal document, here are the key points with their corresponding references:
JUDGMENT
Hrishikesh Roy, J.
This appeal arises out of the judgment and order dated 15.04.2009 of the Patna High Court whereby the appeal filed by the probate applicant was allowed in his favour by concluding that the Will favouring Sarjug Singh was not cancelled. Thus, the appellate Court reversed the Trial Court's decision which held that the applicant is disentitled to get the Will probated as the same was revoked. The High Court to give the impugned verdict against the objectors, disbelieved the registered deed of cancellation dated 02.02.1963 (Exbt C) whereby, the Exbt 2 Will, was revoked by the testator.
RELEVANT FACTS
2. Rajendra Singh (since deceased) had executed a Will on 14.09.1960 (Exbt 2) in favour of the applicant Sarjug Singh. The executant died issueless on 21.08.1963 leaving behind his sister Duler Kuer, wife of late Thakur Prasad Singh and nephew Yugal Kishore Singh and also the probate applicant Sarjug Singh. The case of the applicant is that the testator's wife died long ago and therefore Rajendra Singh who was issueless bequeathed his property in village Pojhi Bujurg and Pojhi Kapoor, District-Saran, Bihar by executing the Will (Ext.2) favouring the respondent Sarju
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.