Date: 06-08-2025
Heard learned counsel for the appellant and
learned counsel for the respondents.
2. The present appeal has been filed under
section 299 of the Indian Succession Act,1925. Against the
order dated 16.12.2017 by Subordinate Judge 1st, Motihari in
Probate Case No. 40 of 2012 in which the probate case has been
dismissed on the ground of limitation.
3. The brief fact of the case is that the deceased
father Kashi Nath Sinha of appellant executed a registered will
dated 26-06-2000 in favour of the appellant and his two brothers
in respect of the his maternal property fully detailed in Schedule
no. 1 of the record. It has been further stated that the testator
died on 30-06-2000 leaving behind three sons and wife and one
daughter and husband and children of predeceased daughter
who are opposite party in this case. It has been further stated
that the testator was resident of village Madhopur Tansaraia,
P.S. Turkauliya District East Champaran which is within the
jurisdiction of the Learned Trial Court. The will was typed by
Mr. Mohan Prasad, at instruction of the testator and he was
executed the will in his own pen in presence of the attesting
Patna High Court MA No.199 of 2018 dt.06-08-2025
witnesses and the attesting witnesses have also put their mark in
presence of the testator and he himself presented the same
before the Registration Authority and admitted the execution of
the will and the said will was last will of the testator.