Sunil Ambwani, J. - (1.) The plaintiffs claim to be sons of late Shri Jawahir Singh son of late Shri Nageshwar Prasad Singh (hereinafter referred to as the deceased), resident of Maniyar, Pargana Kharid, District Ballia. They have prayed for grant of 'Letters of Administration' under Section 278 of the Indian Succession Act, 1925, with Will dated 17.1.1991 attached, executed by the deceased before the Sub-Registrar, Ballia, and registered on me same day, bequeathing his entire movable and immovable properties to the plaintiffs.
(2.) The Will, proceeds with the statement that the deceased is old and weak and is unable to look after the agriculture farm, the related affairs and travel. He has six daughters and five sons. All his daughters are married in prosperous families where they are happy; that he wants to make an arrangement of his movable and immovable properties, and is thus making bequest in favour of his five sons, with the condition that he will be the owner of all his movable and immovable properties during his lifetime, and that after his death his five sons will be the owners and will be entitled to get their names mutated and to pay land revenue and other dues; and further that the deceased has not made any other Will registered or unregistered in favour of any other person. The Will was written by Shri Paras Nath Yadav, ' Vasikanavis' Ballia on 17.1.1991, and is witnessed by Shri Paras Muni Pandey son of late Shri Mahendra Pandey and Shri Krishna Chandra Dubey, Advocate, Civil Court, Ballia.
(3.) The affidavit of valuation discloses that the deceased has left behind agricultural land in large holdings in six Mauzas namely Maniyar Khas, Dhanauti, Navat No. 1, Chaturpur and Tiyara Maniyar Tukada Doyam in the District of Ballia with valuation of Rs. 2 lacs out of which Rs. 10,000/- is sought to be deducted as debts towards the amount spent on funeral expenses.;