ADITYA KUMAR TRIVEDI, J.

1. Appellant/Objector being aggrieved by judgment dated 16.07.2012, decree dated 03.08.2012 passed by Adhoc Additional District and Sessions Judge-IV, Begusarai in Title Suit No. 03/1978 originated on the basis of Probate Case No. 54/1977 allowing the petition, filed instant appeal.

2. Shorn of unnecessary details, it is evident from the lower court record that Respondent/ Propounder of the ‘Will’, Kailash Poddar had filed a petition for grant of Probate with regard to unregistered ‘Will’ dated 30.04.1977 allegedly executed by testatrix, Sushila Devi wife of late Ram Raksha Poddar in his favour. It has been averred that aforesaid ‘Will’ happens to be the last ‘Will’ of testatrix, Sushila Devi. It has further been stated that testatrix, Sushila Devi died on 19.08.1977. Then thereafter, it has been stated that the aforesaid ‘Will’ at the instance of testatrix, Sushila Devi was scribed by Baidyanath Sah and during course of execution, testatrix, Sushila Devi was identified as well as witnessed by Satyanarayan Poddar, Baidyanath Sah. The petition was verified by Satyanarayan Poddar apart from propounder of the ‘Will’/respondent Kailash Poddar.

3. From th