Testamentary Case No.2 of 2006 In the Goods of Late Tukan Singh. (In the matter of an application under Sections 278 and 300 of the Indian Succession Act, 1925 and Clause 26 of the Letters Patent of the Patna High Court) 1. Biso Singh 2. Udai Singh 3.Manoj Singh -----------------------Applicants. For the applicants : M/S R.K.P.Singh, Manish Kishore, Bal Bhushan Choudhary, Advocates. For the respondents : M/S Rohit Kumar & Bhrigunath Singh, Advocates. ******* PRESENT THE HON’BLE MR. JUSTICE V.N.SINHA V.N.Sinha,J. Applicants have filed this application under Sections 278 and 300 of the Indian Succession Act, 1925(hereinafter referred to as ‘the Act’) for grant of Letters of Administration in respect of the Estate of Late Tukan Singh who under his last Will and testament dated 9.11.1968 bequeathed his entire immovable properties situate in Mauza Sabalpur and Matihani, P.S.-Rajgir, District- Nalanda, as detailed in schedule-I to this application in favour of applicant No.1 Biso Singh and Late Balgovind Singh whose heirs and successors are Udai Singh and Manoj Singh, applicant Nos. 2 and 3 respectively. The aforesaid will dated 9.11.1968 was executed by Late Tukan Singh at his residence, situate in village- Sabalpur P.S.- Rajgir, District-Nalanda in presence of six witnesses, namely, (i) Umakant Singh (ii) Brahamdeo Singh (iii) Chhotelal Singh (iv) Hari Narayan Upadhayay (v) Raj Nandan Singh and (vi) Kishun Singh, all residents of the same Village Sabalpur, P.S.-Rajgir, District-Nalanda. The aforesaid Will was scribed by Sri Bisheshwar Dayal, deed writer, resident of Mahalpur, Biharsharif, who after scribing the Will, explained the contents of the Will to the testator Tukan Singh. Having satisfied with the contents of the Will, Late Tukan Singh put his left thumb impression over each 2 page of the Will as also requested the aforesaid six witnesses to put their respective signatures over the Will as attesting witnesses. Thereafter, the aforesaid six attesting witnesses signed over the Will dated 9.11.1968. The left thumb impression of Late Tukan Singh is over each page of the Will dated 9.11.1968 which was identified by Sri Uma Kant Singh. Out of the six attesting witnesses Chhotelal Singh and Kishun Singh died after the execution of the Will. 2.In terms of different provisions of the Act, General Citation was published in two local daily newspapers, namely, the Times of India and Prabhat Khabar, Patna edition on 15.2.2007, but none filed caveat/objection to oppose the grant of Letters of Administration in favour of the applicants. 3.Two near relatives of the testator, namely, Arjun Singh & Kauleshwar kuar were also noticed by this Court, in response whereto they appeared through their counsel and also filed affidavits dated 18.5.2007 and 21.5.2007 respectively, stating therein that they have no objection if Letters of Administration with respect to the Estate of Tukan Singh is granted in favour of the applicants. 4.In support of the prayer made in this application, the applicant No.1 and 3 Sri Biso Singh and Manoj Singh examined themselves as P.Ws 2 and 3 respectively. The applicants also examined two attesting witnesses Sri Hari Narayan Upadhyay and Sri Raj Nandan Singh as P.Ws. 1 and 4 respectively. The aforesaid four witnesses filed their examination-in-chief before this Court on affidavit and also appeared before this Court for their cross-examination. But as the counsel for the near relatives declined to cross-examine the four witnesses, they were discharged by the Court. 5.In his deposition, P.W.1 Sri Hari Narayan Upadhyay stated that Late Tukan Singh was his co-villager, who was unmarried and issueless. Late Tukan Singh had executed his will dated 9.11.1968 at his residence in presence of six 3 attesting witnesses among whom he was one of them. The five other co-villagers ,namely, Sri Umakant Singh, Sri Bhahamdeo Singh, Sri Chhotelal Singh, Sri Raj Nandan Singh and Sri Kishun Singh were the other attesting witnesses over the Will dated 9.11.1998. The Will was scribed by the Scribe Sri Bisheshwar Dayal on the instructions of Late Tukan Singh at his residence in presence of P.W.-1. Having drafted the Will, the scribe even explained the contents of the Will to Tukan Singh, who after understanding the same, put his Left Thumb Impression over each page of the Will. Thereafter, Tukan Singh requested P.W.-1 Sri Hari Narayan Upadhyay and five other co-villagers to become attesting witnesses over his Will. On the request of the testator, P.W.-1 and his five co-villagers put their respective signatures over the Will as attesting witnesses. P.W.-1 identified the original Will dated 9.11.1968 executed by Late Tukan Singh and his own signature over the said Will as attesting witnesses which were marked as Exhibits- 1 and 2 respectively. P.W.-1 recognized the signatures of five other attesting witnesses of the Will also. The witness further stated that the mental and physical health of the testator, Late Tukan Singh was perfectly sound at the time of execution of the Will and he had no outward pressure or coercion from any quarter to execute the said Will dated 9.11.1968. 6.P.W.-2, Biso Singh is applicant no.1 in this case. In his deposition, he has stated that the testator, late Tukan Singh was his cousin grand father, who bequeathed his entire landed properties in favour of P.W.-2 and his younger brother Balgovind Singh jointly. Applicant Nos. 2 and 3, Udai Singh and Manoj Singh are the sons of his deceased younger brother Balgovind Singh. The testator, Late Tukan Singh, had executed the Will in his presence and also in presence of his younger brother Balgovind Singh. P.W.-2 further stated that the Will dated 9.11.1968 was executed by the testator late Tukan Singh in presence of six 4 attesting witnesses. P.W.-2 also identified the original Will dated 9.11.1968 executed by late Tukan Singh already marked as Exhibit-1 as also recognized signatures of the six attesting witnesses. P.W.-2 further stated that after execution of the Will all the landed properties of late Tukan Singh were mutated jointly in his favour and in favour of his younger brother Balgovind Singh. The lands under the Will are even now cultivated by him as also by the two sons of his younger brother collectively and jointly. 7.P.W.-3, Manoj Singh is applicant no.3 in this case, who in his deposition stated that he learnt about the Will in-question from his father late Balgovind Singh. Late Tukan Singh had executed the Will dated 9.11.1968 in favour of his father and his elder uncle Biso Singh and he is looking after the landed properties of Late Tukan Singh jointly with his uncle Biso Singh. P.W.-2 was informed by his father that the mental and physical status of Late Tukan Singh was perfectly alright when he executed the Will dated 9.11.1968. P.W.-3 further stated that the Will dated 9.11.1968 was given to Sri Kanhaiya Prasad, Advocate and his clerk Dwarika Prasad of Civil Court, Patna some times in the year 1972 for filing the probate case but due to shifting of the office of the Advocate, the Will was misplaced which was traced out sometimes in the year, 2006, whereafter the present case has been filed. 8.P.W.-4 Sri Raj Nandan Singh stated in his deposition that Late Tukan Singh had executed the Will dated 9.11.1968 in his presence over which he had signed as attesting witness on the request of Late Tukan Singh. He identified the Will dated 9.11.1968 already marked as Exhibit-1 and also recognized his own signature over the Will as attesting witness which was marked as Exhibit-3. Besides himself Umakant Singh, Hari Narayan Upadhyay, Brahmdeo Singh, Chhotelal Singh and Kishun Singh were the other attesting witnesses of the Will. At the time 5 of execution of Will, Tukan Singh was maintaining sound mental and physical health . P.W.-4 further stated that Tukan Singh executed the Will dated 9.11.1968 out of his own free will and accord without any pressure or coercion from any quarter. 9.Having perused the instant testamentary application, original Will dated 9.11.1968 and deposition of P.Ws. 1 to 4, I am satisfied that late Tukan Singh duly executed his Will dated 9.11.1968 in presence of six attesting witnesses, namely, M/S Umakant Singh, Hari Narayan Upadhyay, Brahmdeo Singh, Chhotelal Singh, Raj Nandan Singh and Kishun Singh, which was his last Will and testament. At the time of execution of Will dated 9.11.1968, the testator, Late Tukan Singh was maintaining perfect physical and mental health. The testator, Late Tukan Singh executed his last Will and testament in favour of his two cousin grand sons, namely, Sri Biso Singh and Sri Balgovind Singh without any pressure or coercion from any quarter. 10.In the circumstances, the prayer made in this application to grant Letters of Administration in respect of the last Will and testament dated 9.11.1968 of Late Tukan Singh is allowed. 11.Let the Letters of Administration annexing the copy of the Will dated 9.11.1968 executed by late Tukan Singh be granted in favour of the applicants which shall have effect throughout the territory of India. (V.N.Sinha,J.) The Patha High Court, The 3 day of May, 2008. Rajesh/N.A.F.R. 6