TESTAMENTARY CASE No.13 OF 2009 ------ In the matter of an application under section 276 of the Indian Succession Act, 1925 for grant of Probate of the Will dated 12.2.2009 ------ In the Goods of Late Banarsi Singh, son of Late Darbari Singh, resident of Village and Post Office-Pianiya, Police Station-Udvantnagar, District Bhojpur, temporarily before death resided at New Bishunpur, Post Office- B.Polytechnic, Police Station and District-Dhanbad ------- Shri Ashok Kumar Singh, son of Shri Niwas Singh, resident of Village and Post Office-Pianya, Police Station-Udvant Nagar, District-Bhojpur (Ara), at present resident of M/F no.32, Sec.6, Block 5, Bahadurpur Housing Colony, Police Station-Agam Kuan, District-Patna ----Applicant ------- For the Applicant : Mr. Uday Bhan Singh, Advocate For Near Relatives 4 to 9 : Mr Anirban Kundo, Advocate -------- P R E S E N T THE HON'BLE MR. JUSTICE SHAILESH KUMAR SINHA Shailesh Kr. Sinha,J. --------- This application under section 276 of the Indian Succession Act, 1925 is for grant of the Probate of the Will executed on 12th of February, 2009 by the testator, namely, Banarsi Singh, vide Exhibit 1, in respect of the property mentioned in Schedule I and II. 2. The Will was executed in favour of Shri Vijay Shankar Singh alias Basudha Singh and Shri Ashok Kumar Singh, both sons of Shri Sriniwas Singh and Smt. Bindu Singh, daughter of Shri Ran Vijay Singh and wife of Shri Ashok Kumar Singh. Shri Ashok Kumar Singh was appointed as executor of the Will, who has filed this application for grant of Probate in respect of the property detailed in Schedule I and II. 3. General citation has been published in the local newspapers, namely, the “Hindustan Times”, Patna Edition as well as the “AAj”, a Hindi Daily both on 6th of May, 2010. Special citation to the Near Relatives was issued. Upon service of notices, Near Relatives 4 to 9 appeared. However, they did not raise any objection with regard to the - 2 - grant of Probate of the Will. Near Relatives 1, 2 and 3 have not appeared. 4. Applicant Ashok Kumar Singh, who was appointed as Executor of the Will, has been examined and supported the execution and genuineness of the Will as a last Will of the testator, who died on 29th of March, 2009 at 4.00 P.M. 5. Affidavit of the applicant by way of evidence has also been filed. Left Thumb Impressions of the testator on all the pages from 1 to 8 have been exhibited as Ext. 2 series. Attesting Witnesses, namely, Damodar Singh and Arun Kumar Singh, were examined, who had filed their affidavit as well. The signature of the attesting witness Damodar Singh on page 1 to 8 of the Will is marked as Ext. 3 series. Another Attesting Witness is Arun Kumar Singh whose signature on page 8 of the Will is marked as Ext.4. 6. Learned counsel for the applicant submits that the applicant as also the attesting witnesses have supported the application and they have adduced their evidence to the effect that the Will in question was a last Will of the Testator, who died on 29th of March, 2009. The testator had executed the Will without any undue pressure and in the sound state of health and mind on his freewill. The aforesaid attesting witnesses attested the Will and have deposed the genuineness of the Will and on being requested by the testator, they put their signatures on the Will as has been exhibited, as referred to above. No objection has been filed for grant of Probate. 7. Considering the above submissions and having no objection from any quarter, the application for grant of Probate of the Will is allowed. The Will is, accordingly, probated. 8. In the result, the application is, accordingly, allowed for grant of Probate of the Will dated 12.2.2009 (Exhibit-1). 9. Let a Probate of the Will in question annexing the Will - 3 - (Exhibit-1) be granted in favour of the applicant Shri Ashok Kumar Singh, which will have the effect throughout India. (Shailesh Kumar Sinha,J.) Patna High Court, The 29th of October, 2010. P.N.M. N.A.F.R.