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2008 DIGILAW 502 (PAT)

Devendra Singh v. .

2008-03-15

body2008
V.N. SINHA, J.:- Applicant, who is the brother and one of the beneficiary named in the registered Will dated 14.5.1986 executed by the testatrix Late Lakhpat Kaur; has filed this application under Sections 273 and 278 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act") for grant of Letters of Administration to administer the estate of Late Lakhpat Kuar bequeathed under her registered Will dated 14.5.1986, whereunder the testatrix gave out her entire 1/4th share in the ancestral properties of her late husband Chadrika Mahto situate in Village-Chak Mariam @ Kishmiria, P.S.- Fatuah, District-Patna as detailed in Annexure-A to this application in favour of her two brothes, namely, Sri Deo Nandan Singh and Sri Devendra Singh. 2. It appears from perusal of the instant application filed before this Court on 15.1.2002 as also from the original Will dated 14.5.1986, Exhibit-1 executed by Late Lakhpat Kuar that the properties bequeathed by the testatrix in favour of her two brothers was allotted to the testatrix by way of her 1/4" share in the ancestral properties of her late husband Chandrika Mahto under Judgment/Decree dated 12.4.1980 passed by the Additional Sub-Judge-XI, Patna in Title Suit No. 20/54 of 1975-76. The Will was scribed by Babu Nandan Prasad, resident of Village- Fateh Bigha, P.S. Hilsa, District-Nalanda, who after scribing the Will explained the contents of the Will to the testatrix. Thereafter the testatrix put her Left Thumb Impression over each page of the Will and requested Sri Brij Nandan Prasad and Sri Ram Dulari Singh to put their' respective signatures over the Will as attesting witnesses. Thereafter the attesting witnesses signed over the Will dated 14.5.1986. 3. In terms of the different provisions of the Act, General citation as published in two daily newspapers, namely, Hindustan Times and Hindustan, both Patna edition on 2.1.2003, but none filed caveat/objection to oppose the grant of Letters of Administration in favour of the applicant. 4. Nine near relatives of the testatrix were also noticed and service of notice on the near relatives was accepted as validly served by this Court under order dated 21.2.2003. Five near relatives appeared through the counsel and sought time repeatedly to file caveat/objection but failed to do so. Under order dated 5.1.2006, this case was fixed for ex parte hearing. 5. Five near relatives appeared through the counsel and sought time repeatedly to file caveat/objection but failed to do so. Under order dated 5.1.2006, this case was fixed for ex parte hearing. 5. In support of the prayer made in this application, the applicant examined herself as P.W.-2 and also examined two attesting witnesses Sri Brij Nandan Prasad and Sri Ram Dulari Singh as P.W.-1 and P.W.-3 respectively. The aforesaid three witnesses filed their Examination-in-Chief on affidavit and also appeared before this Court for their cross-examination. But as the counsel for near relatives declined to cross-examine the witnesses, they were discharged by the Court. 6. In his deposition, P.W. -1 Sri Brij Nandan Prasad stated that the Will dated 14.5.1986, Exhibi-1 was executed in his presence by Most. Lakhpat Kaur over which P.W.-1 besides Sri Ram Dulari Singh, P.W.-3 signed at the request of the testatrix as attesting witness. The testatrix was having sound state of body and mind at the time of execution of the Will and the testatrix executed her Will without any pressure or coercion. P.W.-1 identified his signature over the Will which was marked as Exhibit-2 as also his thumb impression on the reverse of the first page of the Will which was marked as Exhibit-3. In his deposition P.W.-1 further stated that the Will was scribed by Babu Nandan Prasad of Village-Fateh Bigha, District-Nalanda and its contents were explained by the scribe to the testatrix. He further stated that the testatrix put her left thumb impression over each page of the Will in presence of two attesting witnesses i.e. P.W.-1 and P.W.-3. P.W.1 also recognized his own handwriting identifying the left thumb impression of the testatrix over each page of the Will. 7. The applicant Devendra Prasad examined himself as P.W.-2. In his deposition, P.W.-2 stated that the testatrix was his own sister who died at his residence on 14.12.2001. He also supported the fact that the Will dated 14.5.1986 was duly executed by his sister Lakhpat Kuar in presence of two attesting witnesses Sri Brij Nandan Prasad and Sri Ram Dulari Singh. At the time of execution of the Will, the testatrix was in perfect state of body and mind and she executed the Will without any pressure or coercion. Later on, the Will was registered at Hilsa, Sub-Registry Office, District-Patna. 8. At the time of execution of the Will, the testatrix was in perfect state of body and mind and she executed the Will without any pressure or coercion. Later on, the Will was registered at Hilsa, Sub-Registry Office, District-Patna. 8. In his deposition P.W.-3 Sri Ram Dulari Singh also supported the fact that the Will dated 14.5.1986 was duly executed by Mostt. Lakhpat Kuar in presence of Sri Brij Nandan Prasad besides himself as attesting witnesses. He further stated that, the testatrix executed the Will without any pressure or coercion and at the time of execution of Will the testatrix was in perfect state of body and mind. P.W.-3 also identified the Will, Exhibit-1 and his own signature, Exhibit-4 on the first page of the Will. He further identified the left thumb impression of the testatrix over each page of the Will, marked as Exhibits-5/1 to 5/11. 9. Having perused the instant testamentary application, the original Will dated 14.5.1986, Exhibit-1 and depositions of P.W.-1, P.W.-2 and P.W.-3, I am satisfied that late Lakhpat Kuar duly executed her Will dated 14.5.1986 in presence of two attesting witnesses, namely, Sri Brij Nandan Prasad and Sri Ram Dulari Singh which was her last Will and testament. At the time of execution of the Will dated 14.5.1986, the testatrix Most. Lakhpat Kuar was maintaining perfect physical and mental health. The testatrix executed her Will in favour of her two brothers, namely, Sri Deo Nandan Singh and Sri Devendra Prasad without any pressure or coercion. 10. In the circumstances the prayer made in this application to grant Letters of Administration of the last Will and testament dated 14.5.1986 executed by Late Lakhpat Kuar in favour of the applicant is allowed. 11. Let the Letters of Administration annexing a copy of the Will dated 14.5.1986 executed by Late Lakhpat Kuar be granted in favour of the applicant which shall have effect throughout the territory of India.