1. Heard the parties.

2. This appeal has been preferred by the appellant against the judgment dated 27.09.1997 passed by the 6th Additional District & Sessions Judge, Palamau in P. S. No.2 of 1993 whereby and where under the learned court below has dismissed the suit on contest with costs. The said suit arose out of an application for grant of letter of Administration in favour of the plaintiff in respect of the last Will of Shiv Prasad Sao which was initially registered as Administration Case No.2 of 1993. The defendants appeared and filed their written statement and thereafter the administration case was converted into Title Suit No. 1 of 1996.

3. The case of the plaintiff in brief is that Shiv Prasad Sao executed his last Will on 09.11.1992 which is the Exhibit 1 of the suit. By virtue of the said Will, the plaintiff after the death of the testator Shiv Prasad Sao became entitled for the amount deposited in the name of the testator Shiv Prasad Sao in fixed deposit and savings deposit in Palamau Kshetriya Gramin Bank, branch office Narsinghpur Patra, details of which have been mentioned in Schedule ‘A’ of the application for letter of administration. The family members of the testator and their descendants have been mentioned in Schedule ‘B’ of the said application for letter of administration. It is the case of the plaintiff that the testator executed the will in sound mind and sound body without undue influence and misrepresentation. It is also the case of the plaintiff that he has met the expenses incurred in funeral (sic cremation) Shradh and other last rites ceremony as mentioned in Schedule ‘C’ of the letter of administration.

4. The plaintiff further pleaded that the testator was the permanent resident of village Narsinghpur Patra and he has been residing in the jurisdiction of the trial court. No part of the property or assets for which the plaintiff will be entitled by virtue of the said will is situated in any other province (State). The testator had love and affection for the plaintiff and the plaintiff has also rendered all possible services in his old age and always remained obedient to the testator. Since, the plaintiff has spent all the money for the cremation and other last rites of the testator; hence the plaintiff is entitled to deduct the expenditure for the last rites and rituals.

5. On the other hand, the case of the defendants in brief is that the Will which has been marked as Exhibit 1 in the suit, is a false and forged one. The said Will has been manufactured by the plaintiff and his father with P.W. 2 Parasnath Taid with a dishonest and ulterior motive for grabbing the debts and deposits made by the said Shiv Prasad Sao in the bank. It is also the case of the defendants that the will was not executed in accordance with law and the signature of Shiv Prasad Sao appearing in Exhibit 1 is not genuine. The signature of Shiv Prasad Sao is so placed in the said Will that it would appear that he never intended to effect any Will. It is further submitted that there is no endorsement in the Will that both the witnesses were present at the time of preparation of the Will and have seen the deceased signing the Will. It is also the case of the defendants that at the time of preparation of the said alleged Will, the testator Shiv Prasad Sao was aged about 80 years and was suffering from heart diseases for the last ten years and living with his widowed daughter Most. Malti Kuer and she had been looking after and nursing him. At the alleged date of preparation of the Will, Shiv Prasad Sao was practically a disabled person and his physical condition was such that he cannot do any physical work without the help of his said daughter and at that time he was not in a sound disposing state of mind and body hence he was not in a right frame of mind to execute a Will. They also denied the fact that Shiv Prasad Sao had love and affection for plaintiff and the plaintiff rendered all the possible services to Shiv Prasad