D.G.R.PATNAIK, J. - (1.) THIS appeal is directed against the judgment dated 16.08.1988, passed by the IVth Additional Judicial Commissioner, Ranchi in Probate Case No. 31 of 1982, whereby letters of administration in respect of the Will dated 12.03.1964 purportedly executed by one Naboram Bhagat was granted in favour of the appellant/Opposite Party No. 1.
(2.) THE petition for grant of letter of administration under Sec. 278 of the Indian Succession Act was filed by the Respondent No. 1, Gopal Ram Bhagat claiming that he being one of the legatees in the Will executed by Naboram Bhagat, is entitled to grant of letter of administration in respect of the properties bequeathed by the testator in his favour. The case of the petitioner/Respondent No. 1 is that Naboram Bhagat who was the resident of the village Bundu within the district of Ranchi, executed a Will dated 12.03.1964, which was his last testamentary declaration in respect of his properties, whereby he had bequeathed different portions of his properties in favour of the petitioner Gopal Ram Bhagat and others. The testator had, however, not appointed any executor under the Will. The testator Naboram bhagat died on 08.05.1967 leaving behind the petitioner and the other Opposite Parties, namely the Respondents as his nearest relations. It is further contended that though the petitioner/Respondent No. 1 was one of the beneficiaries in the Will, but he being a minor at the relevant time, he could not file the petition for grant of letter of administration earlier. The further contention of the petitioner/Respondent No. 1 was that to his knowledge, the original Will was handed over by the testator Naboram Bhagat to his wife Most. Sumu but later on the Opposite Party No. 1, namely, Brindaban Bhagat had taken and retained the original Will in his possession. The claim of the aforenamed propounder of the will was contested by one of the opposite parties, namely, Brindaban Bhagat, father of the present appellant, Pramod Kumar Bhagat. The objector denied the petitioner's claim that the late Naboram Bhagat had executed any Will dated 12.03.1964. Challenging the alleged Will to be forged and brought on record through some person, who had impersonated Naboram Bhagat, the objector has contended that Naboram Bhagat could not have executed any Will of the properties mentioned in the purported Will, since the entire properties were joint with his other brothers and there was no partition of the joint family properties by metes and bounds. The objector further stated that though a Partition Suit No. 32 of 1962 was filed in the court of the Special Sub -Judge, Ranchi for the partition of the joint family properties amongst, Naboram Bhagat and his brothers, namely, Bala Ram, Brindaban and Bhola Nath Bhagat and the suit was disposed of on the basis of the Compromise filed on 26.04.1962 but the compromise was never acted upon and, therefore, the joint family properties remained always joint without there being any partition by metes and bounds. The objector has further pleaded that the prayer for the letter of administration could not be granted on account of the fact that the petition for the grant of letter of administration was filed more than 12 years after the alleged date of execution of the Will.
(3.) ON the basis of the rival pleadings, the learned court below had framed the following issues for consideration: (i) Whether Naboram Bhagat executed a Will on 12.03.1964 in favour of the petitioners and others, as legatees of the Will in state of his sound mind? (ii) Whether the properties, included in will, belonged exclusively to Naboram Bhagat? (iii) Whether the letter of administration could be granted in favour of the petitioner in term of his prayer? ;