IN THE HIGH COURT OF JUDICATURE AT PATNA Test Case No.7 of 2010 In the matter of an application under section 276 read with section 300 of the Indian Succession Act, 1925 for grant of Letter of Administration. =========================================================== In The Goods Of Late Ganga Devi Wife of Sri Brijnandan Prasad, resident of Mohalla Bahuara Chaura Chhotki Baithak, Gaya, P.S. Civil Lines, District- Gaya, State- Bihar.. =========================================================== Smt. Nirmala Lal, wife of Late Dhirendra Mohal Lal, resident of village Vishnugarh, P.S. Vishnugarh, District- Hazaribagh, presently resided at mohalla Nutan Nagar, Gaya, P.S. Civil Lines, District- Gaya, State- Bihar. ……………. Applicant =========================================================== Appearance : For the Petitioner/s : Mr. Dr. Anjani pd. Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH CAV JUDGMENT Date: 13-07-2012 Applicant has filed this application under section 276 read with section 300 of the Indian Succession Act, 1925 (hereinafter referred to as “the Act”) for grant of Letter of Administration in respect of the Will executed by her mother Late Ganga Devi (Testatrix) on 28th of July, 1999. It is stated in the application that the Testatrix was permanent resident of Mohalla Bahuara Chaura Chhotki Baithak, P.S. Civil Lines, District- Gaya, within the jurisdiction of this Court. She died on 28.10.2007 at 7.30 P.M. at her said residence. It is stated that, at the time of execution of the Will Testatrix was in sound state of mind and body and she executed the Will with her free will and consent and after fully understanding the contents of the same and the same was got attested by the witnesses. A copy of the Will has been attached with the application. 2. It appears from paragraph 7 of the application that the Testatrix left behind her husband Brijnandan Prasad and four sons, namely, Patna High Court TEST CASE No.7 of 2010 dt.13-07-2012 2 / 5 2 Pramod Kumar Sinha, Sachidanand Sinha, Vinod Kumar Sinha and Sanjay Kumar Sinha. All the above Near Relatives have put their signatures on the Will. List of immoveable properties and their valuation and schedule of debts (Funeral Expenses) have been annexed with the application as Annexures- B and C respectively. It has been specifically stated that the Will was the last Will of the Testatrix and it was duly executed. In the application the details of the desire of the Testatrix in respect of mode and manner of administration of her Estate have been narrated. Separate affidavit has been filed by one of the attesting witnesses, namely, Pramod Kumar, stating that the Testatrix was in good state of health and of sound mind on the day and time of execution of the said Will and he was present at the time of execution of the Will and was also one of the attesting witnesses. A separate affidavit has been filed by the applicant giving list of attesting witnesses in which name of one Late Anil Kumar Sinha is also mentioned. 3. Probate Duty of Rs.30,000/- was deposited by the applicant on 5.4.2011 through challan. Thereafter, by order of the Court dated 1.7.2011, general citation in two newspapers, namely, Patna editions of English Daily “The Times of India” and Hindi Daily “Dainik Jagaran” were published on 16.7.2011and 19.7.2011 respectively and an affidavit to this effect was also filed. Special citations were also issued to the Near Relatives on 23.7.2011. All the Near Relatives appeared through vakalatnama. However, none of them filed any caveat and objection to contest in the matter. Applicant thereafter filed Examination-in-Chief of two witnesses, namely, Sachidanand Sinha and Binod Kumar Sinha on affidavit. Applicant also filed Examination-in-Chief on her behalf. Patna High Court TEST CASE No.7 of 2010 dt.13-07-2012 3 / 5 3 4. Two attesting witnesses, namely, Sachidanand Sinha and Binod Kumar Sinha were examined as A.W.1 and A.W.2 respectively on 16.3.2012. Applicant Nirmala Lal was examined as A.W.3 on the same day. 5. During examination-in-chief of Sachidanand Sinha, A.W.1, original Will was opened from seal cover and shown to him. He identified that the said original Will was executed by his mother Late Ganga Devi on 28.7.1999 in favour of his sister Nirmala Lal in his presence. The said Will was marked as Ext.-1. This witness identified his signature on second page of the Will, which was marked as Ext.-2. Thumb Impression of Testatrix on every page of the Will was identified by him and marked as Ext.-3 series. He stated that the Will was scribed by a deed writer Umesh Chandra Sinha on the instruction of Testatrix and the same was registered in the Registry Office. This witness also stated that the other attesting witnesses had put their signature on the Will in his presence. He stated that at the time of execution of the Will, Testatrix was in sound state of body and mind. 6. Another attesting witness Binod Kumar Sinha, A.W.2, in his examination in Chief, has accepted that the Will had been executed by his mother Late Ganga Devi on 28.7.1999 in his presence. He identified his signature on page 3 of the Will, which was marked as Ext.- 4. This witness reiterated the same thing as stated by A.W.1 Sachidanand Sinha. 7. Applicant Nirmala Lal, in her examination-in-chief, has stated that the Will was registered in the Registry Office. She stated that the L.T.I. of his mother (Testatrix) was identified by her father Brijnandan Prasad. This witness stated that on the date of execution of Will, she had gone to the Registry Office with other attesting witnesses and the Testatrix. Patna High Court TEST CASE No.7 of 2010 dt.13-07-2012 4 / 5 4 8. „No Objections‟ were filed by the Near Relatives on affidavit on 15.2.2012. No Near Relatives came forward to contest the matter. 9. As stated earlier, list of assets and schedule of funeral expenses are annexed with the application as Annexures-B and C respectively. It is also stated in the application that the deceased died while living at her permanent residence at Mohalla Bahuara Chaura Chhotki Baithak, P.S.- Civil Lines, District- Gaya within the jurisdiction of this Court. It is also stated that the original Will is being filed in the Court separately in a sealed cover. In the circumstances, this Court finds that the application filed by the applicants under section 276 read with section 300 of the Act is in accordance with the requirements of law. 10. In view of the evidence of the witnesses, this Court has perused the original Will of the Testatrix. This Court finds that the Will is a registered deed running in three pages. The Testatrix has executed the Will and put her L.T.I. on every page of the Will. This Court also finds that the six attesting witnesses have signed the Will as witnesses. Out of six attesting witnesses, five have filed their „No Objection‟. One attesting witness Anil Kumar Sinha is said to have died before filing of the present case. The witnesses have identified the L.T.I. of the Testatrix on the Will as well as their own signatures which have been marked as Exhibits. Thus, this Court finds that the Will conforms to the requirement of section 263 of the Act. 11. The witnesses have stated that the Will is the last Will of the Testatrix duly executed by him. They have also stated that the Testatrix was in a sound state of mind and body at the time of execution of the Will. Patna High Court TEST CASE No.7 of 2010 dt.13-07-2012 5 / 5 5 This Court further finds that there is nothing on record to show that this Will was not the last document executed by the Testatrix. 12. In the circumstances, this Court is satisfied that the Will is genuine and contains last wishes of the Testatrix, duly executed by her in full consciousness and in a sound state of mind and body and duly attested by the witnesses and it satisfies the requirements of law. 13. As a result, this application is allowed. Let a Letter of Administration be issued in favour of the applicant in respect of the Will. Pradeep/- (Jayanandan Singh, J)