TESTAMENTARY CASE NO. 9 OF 2007 ----- In the matter of an application under sections 273 and 276 of the Indian Succession Act for grant of Probate of the Will dated 15.3.2007 ----- In the Goods of Late Asha Devi, widow of Late Ramchandra Prasad @ Ram Chandra Prasad Gupta, resident of Mohalla Machuatoli, Baripath, P.O. Bankipur, P.S. Kadam Kuan, Town & District Patna ---- Ramesh Kumar, son of Late Ram Prasad Singh, resident of Village Murtazapur, P.O. & P.S. Belchi, District Patna ---- Applicant ----- For the Applicant : Messrs Laxmi Narayan Das with Naresh Prasad, Advocates For the Near Relatives: Mr Depak Sahay Jamuar, Advocate. ----- P R E S E N T THE HON’BLE MR JUSTICE SHAILESH KUMAR SINHA ----- Shailesh Kr. Sinha,J. This is an application under section 273 and 276 of the Indian Succession Act for grant of Probate of the Will dated 15.3.2007 executed by Late Asha Devi in respect of the property mentioned in Schedule-A. 2. General citation and special citation (notice) were issued to the near relatives as mentioned in paragraph 6 of the application. The notice was published in the Hindi Daink “Aaj” dated 10.8.2008 and English daily “The Hindustan Times” dated 11.8.2008, both published from Patna. The near relatives appeared and filed their Vakalatnama. However, no objection has been filed to the grant of Probate of the Will. The applicant, namely, Ramesh Kumar is the executor of the Will. 3. The signature of Asha Devi has been marked as Exhibit-2, the signature of Attesting Witness 1 Sudhanshu Kumar has been marked as Exhibit-3, the signature of witness Rohit Kumar has been marked as Exhibit-4 and the signature of Attesting Witness 2 Heera Lal has been marked as Exhibit-5. The signature of Sukhdeo Giri, Typist, who typed out the Will in question has been marked as Exhibit-6. All the above exhibited - 2 - without objection. 4. The sole applicant Ramesh Kumar examined the attesting witnesses, namely, Sudhanshu Kumar (A.W.1) and Heera Lal (A.W.2). The applicant Ramesh Kumar has himself examined as A.W.3. The Will dated 15.3.2007 has been exhibited as Exhibit-1, the signature of the testatrix Late Asha Devi as also the signature of the attesting witnesses Rohit Kumar, Heera Lal and Sukhdeo Giri have been testified and proved by A.W.1 Sudhanshu Kumar, besides admitting his own signature. 5. Affidavits of the applicant witnesses, namely, Sudhanshu Kumar, Heera Lal and Ramesh Kumar as A.W.1, 2 and 3 respectively have been filed. The witnesses in course of their depositions have reiterated what have been stated in their affidavits. 6. Mr. Laxmi Narayan Das, learned counsel appearing for the applicant submits that the Will has been duly proved to be genuine by the attesting witnesses who have stated to the effect that the testatrix, namely, Asha Devi on whose instructions the attesting witnesses have put their signatures on the Will and has further stated in their affidavits that Late Asha Devi fully understood the execution of the Will who was in the sound state of mind and fully understood the effect of the Will. Besides, there is no objection to the grant of Probate of the Will in question. 7. The near relatives have appeared and filed their Vakalatnama through Mr Deepak Sahay Jamuar, learned Advocate, who is present in the Court and has submitted that there is no objection to the grant of Probate of the Will in question. 8. Having considered the above submissions and on perusal of the Will in question ( Exhibit-1) having the signature of the testatrix (Exhibit 2) duly proved by the attesting witnesses and other witnesses as also Sukhdeo Giri, Typist, who typed out the Will, it is found and held that the Will in question, which is the last Will of the testatrix, is genuine as also there is no objection to the grant of the Probate of the Will despite general - 3 - citation and special citation issued to the near relatives. 9. In the result, the application is, accordingly, allowed for grant of Probate of the Will dated 15.3.2007 (Exhibit-1). 10. Let a Probate of the Will in question annexing the Will (Exhibit 1) be granted in favour of the applicant Ramesh Kumar, which will have the effect throughout India. (Shailesh Kumar Sinha,J.) Patna High Court, The 13th of August, 2010. P.N.M. N.A.F.R.