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BIRENDRA KUMAR
Most. Saraswati Devi – Appellant
Versus
Mithilesh Kr. Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Sidhendra Narayan Singh, Adv., Mr. Sanjeev Kumar, Adv
For the Respondent: Mr. Vishwanath Pd. Sinha, Sr. Adv., Mr.Sanjay Kumar Singh, Adv.

JUDGMENT :

Heard learned counsel for the parties.

2. This appeal has been preferred against judgment dated 31.01.2011 passed by the learned Additional District Judge-IV, Chapra in Probate Case No.18 of 1986, whereby the learned court below has granted probate in favour of respondent Nos.1and 2 in respect of the Will dated 16.06.1985 said to be executed by Most. Motirajo Kuer wife of Rampat Singh.

3. Before considering the grounds of challenge, the background of the Will and nature of relationship between the parties, requires to be noticed. One Kishun Singh had two sons-Hardeo Singh and Bhuneshwar Singh. Hardeo Singh aforesaid had 5 sons-Ram Lachhman, Ram Bihari Singh, Jung Bahadur Singh, Deep Narain Singh and Rampat Singh. Most. Motirajo Kuer, the testator of the Will, was widow of Rampat Singh and respondent Nos.1 and 2, namely, Mithilesh Kumar Singh and Awadhesh Kumar Singh in whose favour Will was executed are sons of Deep Narain Singh aforesaid. The cosharers of Most. Motirajo Kuer contested the probate case by challenging the genuineness of the Will and due execution of the Will as well as on the ground that Most. Motirajo Kuer has no right to execute the said Will. The right to










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