TESTAMENTARY CASE No.7 OF 2003 In the Goods Of Late Dr. Miss Gauri Banerji (In the matter of an application under Sections 273 and 276 of the Indian Succession Act, 1925.) Miss Madhabi Banerji :- Applicant. For the Applicant :M/S Laxmi Narayan Das & ANJAN CHAKRABORTY, Advocates. For The Respondent :Ms. RENU JHA, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha,J. Applicant, who is the niece of the testatrix, Late Dr. Miss Gauri Banerji and also the sole beneficiary and executrix under the Will dated 9.10.1994 of Late Dr. Miss Gauri Banerji, has filed this application under Sections 273 and 276 of the Indian Succession Act, 1925 (hereinafter referred to as “the Act”) for grant of Probate in respect of the aforesaid Will dated 9.10.1994, whereunder the testatrix bequeathed her entire properties situate at Surya Apartment, Frazer Road, Patna, as detailed in Schedule-A to this application in favour of the applicant with further request that the probate should have effect throughout the territory of India. 2. It appears from the probate application filed in this Court as also from perusal of the original Will dated 9.10.1994 (Exhibit-1) - 2 - executed by Late Dr. Miss Gauri Banerji in her own handwriting that the Will was executed in presence of two witnesses, namely, Sri Raghu Dutt Mukherjee and Sri Rajat Mukherjee, who put their respective signatures over the Will dated 9.10.1994 in presence of each other and the testatrix. 3. In terms of different provisions of the Act, General Citation was published in two local daily newspapers, namely, Hindustan Times and Aaj, both Patna Edition on 21.5.2004, but none filed caveat/objection to oppose the grant of probate in favour of the applicant. 4. Thirteen near relatives of the testatrix were also noticed by this Court and service on all of them was deemed to be validly effected under orders dated 5.1.2006. Near relative nos. 1,2 and 5 appeared before this Court through their counsel and also filed their no objection in the event the probate is granted in favour of the applicant. 5. In support of the prayer made in this application, the applicant examined herself as P.W.-1 and also examined one of the attesting witness Sri Rajat Mukherjee as P.W.-2. The other attesting witness Sri Raghu Dutt Mukherjee, who happens to be the father of P.W.-2 could not be examined as witness as he has already left for his heavenly abode before filing of this application on 12th January, 1998. The aforesaid two 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 - 3 - cross-examine the two witnesses, they were discharged by the Court. 6. In her deposition P.W.-1 Miss Madhabi Banerjee stated that the testatrix was her own aunt (sister of her father) who executed her Will dated 9.10.1994 in her own pen voluntarily in presence of two attesting witnesses, namely, Sri Raghu Dutt Mukherjee and Sri Rajat Mukherjee. The testatrix was in sound state of body and mind at the time of execution of her Will dated 9.10.1994. She further stated that one of the attesting witnesses Sri Raghu Dutt Mukherjee has already died prior to filing of this application. She identified the Will dated 9.10.1994 executed by the testatrix which was marked as Exhibit-1. The witness further submitted that she has been named as sole executrix in the Will dated 9.10.1994. 7. In his deposition P.W.-2 Sri Rajat Mukherjee stated that the testatrix had executed the Will dated 9.10.1994 in her own pen in sound state of body and mind voluntarily in his presence as well as in presence of his father Late Raghu Dutt Mukherjee. His father Sri Raghu Dutt Mukherjee died prior to filing of this application. P.W.-2 identified the writing and the signature of the testatrix over the Will dated 9.10.1994. He also identified his own signature as well as the signature of his father Sri Raghu Dutt Mukherjee over the Will dated 9.10.1994 as attesting witnesses. He further stated in his deposition that the testatrix had executed her Will dated 9.10.1994 in his presence as also in the presence of his father and both had put their respective signatures over the Will dated 9.10.1994 as attesting witnesses on the request of the testatrix. - 4 - 8. Having perused the instant testamentary application, the original Will dated 9.10.1994, Exhibit-1 and deposition of P.Ws.-1 and 2, I am satisfied that late Dr. Miss Gauri Banerji duly executed her Will dated 9.10.1994 in presence of two attesting witnesses, namely, Sri Raghu Dutt Mukherjee and Sri Rajat Mukherjee which was her last Will and testament. At the time of execution of her Will dated 9.10.1994, the testatrix was maintaining perfect physical and mental health and she executed her Will in favour of the applicant without any pressure or coercion. In the circumstances, the prayer made in this application to grant probate of the last Will and testament dated 9.10.1994 executed by Late Dr. Miss. Gauri Banerji in favour of the applicant is allowed. 9. Let the Probate annexing a copy of the last Will and testament dated 9.10.1994 duly executed by Late Dr. Miss. Gauri Banerji be granted in favour of the applicant, which shall have effect throughout the territory of India. The Patna High Court, Patna. Dated the 22 May, 2008. P.K.P./N.A.F.R. (V.N.Sinha,J.)