RAM KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an appeal by the applicant under Sec. 299 of the Indian Succession Act, challenging the judgment dtd. 20/7/2015 passed by the District Judge X, Hazaribagh in Probate Case No.5 of 2007, whereby he has dismissed the probate application filed by the applicant.

(2.) One Ram Kumar Singh filed a petition under Sec. 276 of the Indian Succession Act praying for grant of probate of the WILL dated 29. 03.1995, executed by Most. Mutari, wife of Krishna Ganjhu in favour of the applicant-appellant. It is the case of the applicant that Most. Mutari was being looked after by the applicant, after the death of her husband, Krishna Ganjhu, as the couple did not have any child and there was no one in the family. The widow, thus, executed a WILL, bequeathing all the properties mentioned therein, in favour of the applicant. The WILL was unregistered. Most. Mutari died on 20/12/2006 and as there was no executor, the applicant filed an application for grant of probate.

(3.) The State was impleaded as respondent in the application.