JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.:

Instant miscellaneous appeal has been filed under Section 299 of the Indian Succession Act against the judgment dated 4th October, 2012 passed by learned Judicial Commissioner-IV, Ranchi in Probate Title Suit No. 01 of 2012 whereby and whereunder the application for probate was dismissed.

2. The probate application is filed with respect to the WILL of Shakuntala Devi Mehta, who died on 1st February, 2010. The legatee of the WILL is executor-Sanjay Kumar Datta and the bequeathed property is 16 Katha 06 Chhatak land with a double storied building, shops boundary wall within the municipal corporation of Ranchi which was the self-acquired property of the testator. Testator had no son and the legatee is maternal grandson of the testator.

3. The WILL was executed on 28.10.1998 and the three attesting witnesses are namely Nand Kishore Singh, Ramesh Prasad Kesri and Mehta Madan Lal. Dr. S.K. Gupta endorsed on the WILL that the testator was in sound physical and mental health. Signature of the testator has been identified by one Advocate.

4. The probate application has been contested by O.P. No. 2, who is the daughter of the testator and O.P. No. 3-Malaya D