Manoj Kumar Sinha vs Mankesh Kumar Sinh on 6 August, 2025

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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.



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