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1998 Supreme(Pat) 535

P.K.SARKAR
Lal Bhuneshwar Nath Sahdeo – Appellant
Versus
Uma Kumari Devi – Respondent


Judgment

P. K. Sarkar, J.

1. This first appeal filed under Sec.299 of the Indian Succession act is directed against the judgment and decree dated 17th December, 1992 passed by shri Anant Prasad Srivastava, Judicial commissioner Ranchi, in Probate Case No.59 of 1986 whereby the learned court below allowed the same.

2. The brief facts leading to this appeal is as follows : Smt. Uma Kumari Devi and Smt. Parvafi Kumari Devi who are the own sisters had filed the probate case for grant of probate with reference to the last Will and testament executed on 21.1.1978 by Smt. Lalin Madan kumari Devi widow of late Balbhadra Nath sahdeo, the mother of both petitioners-sisters. It is further contended that Smt. Lalin Madan kumari Devi (executant of the Will) got the properties, subject matter of the Will from her father at the time of her marriage as Sindurtari property and thus became the exclusive owner of the property. She executed the aforementioned will in presence of three witnesses, namely, Shri Chandru Singh of Village Baridih, p. S. Dhruwa, District Ranchi, Lal Shyam Sunder nath Sahdeo, an Advocate of Ranchi and shri Bodhan Lohar of Ratu Raod, Ranchi. The will was registered in the Sub R






























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