IN THE HIGH COURT OF JUDICATURE AT PATNA Test Case No.12 of 2011 =========================================================== In The Goods of Late Smt. Satya Choudhary, wife of Late Bindeshwari Prasad, resident at Mohalla Salimpur Ahara, Gali No.2, P.O. Kadam Kuan, P.S. Gandhi Maidan, District Patna ------------------------- ------------------------------------------------------------------- And In the Matter of an application under section 276 of the Indian Succession Act for grant of Letter of Administration of the Will dated 16th of June, 2013 --------------------------------------------------------------------------------------------- And In the Matter of Smt. Sushma Kumari D/o Late Bindeshwari Prasad Chowdhary and wife of Shri Pradip Kumar Singh resident of Mohalla Salimpur Ahra, Gali No.2, Post Office Kadamkuan, P.S. Gandhi Maindan, District Patna .... .... Applicant =========================================================== Appearance : For the Applicant : Mr. Sajal Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 21-11-2013 Present is an application filed under section 276 of the Indian Succession Act for grant of Letters of Administration of the Will dated 26th June, 2010 executed by Late Smt. Satya Choudhary (hereinafter called as testatrix). As per the applicant, the testatrix before her death on 4th of August, 2010 executed and registered her will on 26.06.2010 which was the last Will and testament of the deceased testatrix. The Will was executed in favour of her daughter Smt. Sushma Kumari (the applicant). At the time of execution of the Will the testatrix was in Patna High Court TEST CASE No.12 of 2011 dt.21-11-2013 2 / 6 2 sound state of mind and health. The Will was executed by her voluntarily fully understanding its contents without any undue influence. Smt. Sunaina Devi and Md. Islam were the attesting witnesses to the said Will. The testatrix was a Hindu governed by Mitakshara School of Hindu Law who was the permanent resident of Mohalla Salimpur Ahra, under Gandhi Maidan Police Station in the heart of Patna. The applicant was living with her mother in the same house and was looking after household works besides serving and nursing her mother in her old age. After execution of the Will she died on 4th August, 2010. The Will was presented along with the application in original and in the state in which it was executed. The applicant has cited Smt. Nutan Kumari, married daughter of the testatrix and others as near relative(s). It has further been stated that the testatrix had one son Bipin Kumar Choudhary who had predeceased the testatrix in a road accident. It has further been asserted that no application prior to this has been made to this Court or any other court for grant of Letters of Administration of the Will dated 26.06.2010 executed by the testatrix. It has thus been prayed that the Letters of Administration or probate of the property of the Will having effect throughout the territory of the country be granted. The details of assets and their value which would come in the hands of the applicant have been set out in Schedule A to the Patna High Court TEST CASE No.12 of 2011 dt.21-11-2013 3 / 6 3 application. The liability and other deductions are detailed in Schedule B of the application. In terms of different provisions of the Act near relatives were noticed by this Court. Only Nutan Kumari has appeared and filed an affidavit supporting the case of the applicant. No caveat/objection has been has been filed by any of the near relatives. General citations were also published in two daily newspapers, one in ‘Prabhat Khabar’ and another one in ‘the Times of India,’ both published from Patna on 13.11.2012 and 17.11.2012 respectively but none appeared to oppose the grant of probate in favour of the applicant. In order to substantiate the claim made in the instant testamentary application the applicant examined two attesting witnesses namely Nutan Kumari (AW-1) and Md. Islam (AW-2). AW-1 Nutan Kmari is the elder sister of the applicant. The applicant has examined herself as AW-3. AW-1 in her deposition has supported the statements made in affidavit filed by her. She knew the testator who was her mother and died on 4.8.2010. Before her death she had executed a Will in favour of her younger sister Sushma Kumari. She signed the Will as witness. The Will has been identified by this witness which has been marked as Ext. 1. She identifies the signature(s) of the Patna High Court TEST CASE No.12 of 2011 dt.21-11-2013 4 / 6 4 testatrix on each page of the Will marked as Ext. 2 series. She has also identified her signature(s) affixed on the Will at page 2 marked as Ext. 3. She has further stated that another witness namely Md. Islam had also signed on the Will. She has also identified his signature on the Will. Another attesting witness on the Will namely Sunaina Devi had signed in her presence. Before executing the Will the testatrix (mother of the applicant) had taken her consent. The Will was prepared by Shri Anil Kumar Advocate with the consent of her mother which was subsequently registered on 26.06.2010. The applicant (younger sister) used to look after her mother during her last days. When the Will was executed the testatrix was in sound and physical mental condition and there was no undue coercion or pressure on her. All the witnesses to the Will had signed the Will on the request of her mother. A.W.2 (Md. Islam) has similarly supported the case of the applicant. He has stated that the testatrix was known to her since last ten years. He signed the Will as one of the attesting witnesses. Along with him, Nutan Kumari(AW-1) and Sunaina Devi had also signed the Will. The Will was signed by him on the request made by Smt. Satya Choudhary. He has identified the signature at page 4 of the Will (marked as Ext. 4). When the Will was executed by the testatrix she was in perfect mental and physical condition. He had Patna High Court TEST CASE No.12 of 2011 dt.21-11-2013 5 / 6 5 accompanied the testatrix to the Registration Office for registration of the Will. He has also claimed to be a witness to the registration of the Will. There was no undue pressure or influence on the testatrix. This witness has identified the picture as well as the signatures on page 1 and at page 4 of the Will. The death certificate of the testatrix has been identified by him which has been marked as Ext. 5. AW-3 is the applicant. In her deposition, she has supported the statements made in the affidavit filed on her behalf. She goes on record stating that the testatrix was her mother. Before her death on 4.8.2010 she had executed a registered Will in her favour on 26.06.2010. Another heir of the testatrix being her elder sister was also consulted before writing the Will. The Will was drafted by an Advocate named Anil Kumar. After understating the contents of the Will her mother signed the Will. The attesting witnesses also signed the will on the request of the testatrix. Nutan Kumari (AW-1) Md. Islam (AW-2) and Sunaina Devi signed the Will as attesting witnesses. Her signature affixed on the last page of the Will has been identified by her which has been marked as Ext. 6. This witness has further stated that the testatrix (her mother) was in perfect state of health of mind when the Will was executed. Out of love and affection for having served the testatrix in her old age the Will was executed by the testatrix which was the last Will of her mother. Patna High Court TEST CASE No.12 of 2011 dt.21-11-2013 6 / 6 6 Having perused the deposition of the witnesses I am satisfied that Smt. Satya Choudhary(the testatrix) executed the Will dated 26.06.2010 which was registered on the same day in presence of the three witnesses. The requirement of law has been met by the applicant as two of the attesting witnesses have taken the dock to depose that the Will was executed in their presence without any undue pressure or coercion. Their evidence(s) further demonstrate that at the time the Will was executed the testatrix was maintaining sound and physical health. The Will was the last Will of the testatrix. The Will is genuine. In the circumstances, the prayer made in this application to grant Letters of Administration of the estate of the testatrix under the Will and testament dated 26.06.2010 be granted in favour of the applicant. The application is thus allowed. Let the Letters of Administration with respect to the Will dated 26.06.2010 (Ext.1) be issued in favour of the applicant which shall have its effect throughout the territory of the country. No contest. No cost(s). HR/- (Kishore Kumar Mandal, J)