Testamentary Case No. 1 OF 2008 IN THE GOODS OF LATE SHANTI DEVI, w/o late Ganesh Dayal Sinha, resident of Gandhi Chowk, P.S. Chapra Town, District-Saran. ----------- (In the matter of an application under Sections 276 of the Indian Succession Act, 1925 read with Chapter-XI of the Rules of the Patna High Court.) 1. Dr. Chandra Bhushan 2. Prakash Bhushan, and 3. Sharat Bhushan, All sons of Kailashpati Prasad, resident of Hussainpur, P.S. Khaira, District-Saran; presently residing at Mohan Nagar, Chapra, P.S. Chapra Town, District-Saran ……………………. Petitioners ----------- For The Petitioner : M/S Amarendra Narayan & S.K.Roy,Advocates. For The Respondent : None ------------ P R E S E N T THE HON'BLE MR. JUSTICE RAMESH KUMAR DATTA R.K.Datta, J. I.A. No. 5678/2009: The interlocutory application has been filed with a prayer of treating the list of near relatives submitted through supplementary affidavit filed on 20.5.2008 as part of the main application. It is submitted by learned counsel for the petitioners that due to inadvertence the names of near relatives were not mentioned in the main petition and the same was subsequently filed through a supplementary affidavit on 20.5.2008. However, since the same required an amendment of the main petition, hence, the present interlocutory application has been filed with the aforesaid prayer. In the facts and circumstances, the prayer for treating the list of near relatives submitted through a supplementary affidavit on 20.5.2008 as part of the main application is allowed. I.A. No. 5678/2009 is accordingly disposed of. 2 This is an application for grant of Letters of Administration with the Will annexed as Annexure-3 to the application, being the Will dated 10.7.1996 of Late Shanti Devi. It is stated that the testatrix Late Shanti Devi died on 2.6.2007 at Kurji Holy Family Hospital, Patna at 5.30 P.M. It is further stated that prior to her death she had duly executed a Will on 10.7.1996 unequivocally bequeathing all her property in favour of the petitioners empowering them even to alienate the same. It is further stated in the application that Late Ganesh Dayal Sinha was the only son of his father late Siya Chandra Prasad. Late Siya Chandra Prasad had inherited landed property that is 8 katha land in Chapra town and purchased agricultural land measuring 4 bighas, 7 kathas 12 dhurs in village Mitrasen Paiga, P.S. Amnaur, District-Saran. All the said properties were inherited by late Ganesh Dayal Sinha. The said Shanti Devi, testatrix was the wife of said Ganesh Dayal Sinha who died issueless and intestate on 18.6.1994 survived only by his wife who inherited the entire property and was in absolute possession of the same until her death. The details of the movable and immovable properties of the testatrix are given in Annexures A and B of the application. It is the case of the three petitioners that the testatrix was the full sister of their mother, Smt. Indubala, and out of affection for the petitioners because they took good care of her late Shanti Devi duly executed the Will on 10.7.1996 by which she had given all her property in favour of the petitioners empowering them to also alienate the same. The said Will was registered by the Registration Officer, Saran on 7.10.1997 vide Registration No. 114 of 1996. The same was the last will and testament of the testatrix. It is further submitted that the Will was scribed in the pen of Mr. Mithilesh Kumar, deed writer (Licence No. 21, Chapra, 1991) on the order and instruction of the testatrix who after verifying the contents of the document and after being thoroughly satisfied with the same affixed her signature in the 3 said Will in the presence of two witnesses, namely, Nirsu Narayan Prasad and Ajit Kumar. The Will dated 10.7.1996 has been annexed as Annexure-3. Accordingly the prayer has been made for grant of Letters of Administration of the said Will contained in Annexure-3. General citation was issued in English Newspaper, ‘The Times of India’ published on 3.9.2008 and Hindi daily Newspaper ‘The Hindustan’ dated 31.8.2008 and special citation was also issued to the near relatives of the deceased testatrix. However, none has appeared and filed a caveat nor any objection has been taken by any of the near relatives for the grant of Letters of Administration with the Will annexed in favour of the petitioners. To prove the Will the petitioners have examined six witnesses. A.W.3, Ajit Kumar has stated that he was one of the witnesses to the execution of the last Will of the testatrix late Shanti Devi. He has further stated that the testatrix was the wife of late Ganesh Dayal Sinha, son of late Siya Chandra Prasad and the family was known to the deponent. He has further stated that the testatrix was known to him and that she was Hindu by religion. He has further stated that he was present at the time of execution of the Will dated 10.7.1996. According to him, the Will was scribed by Sri Mithilesh Kumar, resident of Ram Nagar, Block- Manjhi, Distt. Saran, deed writer (Licence No. 21, Chapra, 1991) in his pen on the order and instructions of the testatrix. According to him, the testatrix after properly verifying the contents of the document and being thoroughly satisfied with the same affixed her signatures on the Will in his presence and also that of the other attesting witness, namely, Nirsu Narayan Prasad. He has further stated that the testatrix had affixed her signatures in the presence of two attesting witnesses including himself and further he and the other attesting witness put their signatures on the Will on the request of the testatrix in her presence. He also found the testatrix in sound state of mind at the time of execution of the Will dated 10.7.1996. He has also stated that the testatrix being issueless and 4 out of love and affection for the petitioners who are her sister’s sons executed the said Will unequivocally with respect to her entire properties in favour of the petitioners with absolute right, title and interest. He has also proved his signature, Ext.3 at page 2 of the Will as also the signature of Mithilesh Kumar, scribe, Ext.4. He has further stated that he recognizes the signature of late Shanti Devi. A.W. 6, Nirsu Narayan Prasad is the other attesting witness. He is an old man aged about 72 years and was examined on commission. He has stated that he recognizes the Will of late Shanti Devi and her signatures on all the pages of the Will. He has further stated that she had executed the Will on her own free will. He has further stated that his signature is there on the first page of the Will. He has also stated that Shanti Devi executed the Will in favour of the three sons of her younger sister. A.Ws. 1,2 and 5 are the three petitioners themselves. They have all supported the facts stated in the application. A.W. 1 has also proved the Will, Ext. 1 and the signature, Ext.2 of the testatrix on the Will. A.W.4 Smt. Kiran Srivastava is the full sister of the three petitioners. She has also in her evidence supported the facts stated in the application. She has further stated that she was aware that the Will has been executed in favour of her brothers and that she had no objection if they receive the property mentioned in the Will. She has also stated that Shanti Devi died on 2.6.2007. From a perusal of Ext. 1 the registered Will dated 10.7.1996, I find that it has been signed on all the three pages by the testatrix and also attested at page 1 by A.W.6 and at page 2 by A.W.3 which has been duly proved in the course of the evidence. In the said Will the testatrix has narrated the facts regarding her husband succeeding to the property of his father and she thereafter on the death of her husband, being issueless, and therefore out of love and affection for the three sons of her younger sister, she has 5 bequeathed all her property to them since they took good care of her. It is further stated therein that it was the wish of her husband that the three petitioners should be bequeathed all the properties but he could not do so in his life time on account of his sudden death due to heart ailment. Accordingly, she has bequeathed the property to the petitioners. On a consideration of the aforesaid evidence of the petitioners, it is clear that they have successfully proved the Will as having been executed by the testatrix of her own free will and attested by two witnesses as required by law and accordingly, I am of the view that the Will dated 10.7.1996 is a genuine Will and the petitioners are entitled to the grant of Letters of Administration of the estate of the testatrix, Shanti Devi under the Will dated 10.7.1996. Accordingly, the application is allowed. Let Letters of Administration with respect to the Will dated 10.7.1996 (Ext. 1) be issued in favour of the three petitioners. Since no one has appeared to oppose the application, there shall be no order as to costs. (Ramesh Kumar Datta, J.) The Patna High Court The 11th Day of September, 2009 S.Pandey/N.A.F.R.