IN THE HIGH COURT OF JUDICATURE AT PATNA TEST CASE No.4 of 2008 IN THE GOODS OF LATE VIMLA DEVI BAJAJ ************ 10. 28.1.2009 This application has been filed for grant of Letters of Administration to the Will executed by Late Vimla Devi Bajaj, wife of Sri Purshottam Das Bajaj residing within the district of Patna. By the will, dated 8.4.2007 Vimla Devi Bajaj has in her own hand-writing voluntarily bequeathed her moveable and immoveable properties to her son and daughter-in-law. It appears from perusal of the application that the testatrix died on 17.6.2007. The five near relatives of Late Vimla Devi Bajaj were noticed by this court. They all appeared and filed an affidavit stating that they have no objection to the execution of letter of administration. The five near relates are Purshottam Das Bajaj, husband of the testatrix in this case, Anil Kumar Bajaj, Sunil Kumar Bajaj and Ajay Kumar are the sons of the testatrix and the daughter-in-law Sangita Agrawal. There are altogether three attesting witnesses who are Sushil Kumar Bajaj (examined as AW 1), Ajay Kumar Bajaj (examined as AW 2), Sudhir Chandra Bajaj examined as AW 3. Out of the three witnesses examined, Sushil Kumar Bajaj and Ajay Kumar Bajaj are the - 2 - beneficiaries to the will. All the three witnesses have stated that the will was executed in the hand-writing of the testatrix while she was keeping good physical health and the will has been written in their presence and they have signed and attested the will. The witnesses have identified the signatures of Vimla Devi Bajaj and their own signatures on the Will in the Court. It has been stated that the will was made voluntarily and after understanding the contents of the Will without any pressure or coercement, the testatrix had put her signature on the Will. The evidence adduced by the applicants is as per the requirements of provisions of the Indian Succession Act and the witnesses have fulfilled the requirement of showing and proving that the Will was executed by the testatrix in her proper mind and while she was keeping good health; that the Will was duly signed by the testatrix after understanding its content and the Will was executed voluntarily. There is no objection to the Will and as such the applicants are entitled to the grant of Letters of Administration of the last Will, dated 8.4.2007 executed by Vimla Devi Bajaj in favour of her son and daughter-in- law. In the circumstances, the prayer made in this - 3 - application to grant Letters of Administration with respect to the last will and testament, dated 08.04.2007 executed by Late Vimla Devi Bajaj is allowed. Let a Letter of Administration annexing the copy of the Will, dated 8.4.2007 executed by Late Vimla Devi Bajaj be granted in favour of the beneficiaries which should have the effect throughout the territory of India. P. Kumar/ haque (Sheema Ali Khan, J.)