If Probate of The Will Is Granted it has to be Adjudicated whether the executant of the will had the right to make the bequest-High Court of Patna
TITLE-Shashi Nath Pandey & others VS The State of Bihar & others
Decide on-7/12/2023
+L.P.A No.1003/2023
CORAM-HONORABLE THE CHIEF JUSTICE & HONORABLE JUSTICE MR.RAJIV ROY
INTRODUCTION
The present appeal has been preferred against the judgement and order dated on 27/07/2023 passed by the learned single judge in CWJC No.23967/2018by which writ court chose not to interfere with the order passed by the Bihar Land Tribunal Patna.Where The Hon’ble court do not find the error in the order passed by the learned single Judge.
FACTS
As per the facts the appellant claim that the land in question belong to one Ram Dhayn Upadhyay who has two wives where he was the son in law of the Ram Dhayn Upadhyay.Where one sina kuer executed registered deed of will dated on 3/07/1995 and in favour of Appellant no.1 with all the properties including the disputed land and she died on 20/09/1996 .Where The Respondent No.6 came out with a case that he purchased the disputed land from the second wife and their daughter lilawati Devi through registered sale deed on 23/01/2001 and are coming in possession and rent receipt also being issued to him.Then Appellants appeared and filed their pleading before Deputy collector land reforms (Respondent no.4) stating that a title suit us pending before the learned Additional district Judge to the properties mentioned were after hearing the parties passed an order in favour of the Respondent no.6 and Thereafter the appellants preferred B.L.T case before The B.L.T Patna which was heard and dismissed.Where against the appellants filed a writ petition before the learned single Judge and after hearing and passed an order for which the appeal has come before challenging the said order.Further submitted that when will was in Appellant favor which followed the probate case and no order passed favouring the Respondent no.6 but the learned single judge look the other way.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court After being heard the court observed that the court are in complete agreement with the observation made by the learned single judge that the successive courts have not touched upon the title of the land.The facts remains that the sale deed was never challenged by the appellants and even the subsequent mutation of the land remained unchallenged and only way decision can come is for the parties to move before an appropriate court by filing suit and so far the learned single judge observed that the petitioner was neither allottee nor a setlee of the land nor claiming right over the land and petition before Bihar Land Dispute Resolution act before the DCLR was not maintainable and also set aside all the orders passed by BTL Patna and gave liberty to the petitioner to approach the civil court of competent jurisdiction.Even if probate of the will is granted it has to be adjudicated whether the executant of the will had the right to make the bequest.The court considered view that there is no error in the order passed by the learned single judge and parties are free to move before the civil court for the redressal of their grievance and appeal stands dismissed.
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Written by- Prachee Novo Mukherjee
