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2009 DIGILAW 372 (PAT)

In The Goods Of Late Julum Dhari Tiwary v. State

2009-03-04

SHEEMA ALI KHAN

body2009
JUDGEMENT 1. The two applicants are the wives of the nephew of late Julumdhari Tiwary who has executed a Will in favour of applicants. 2. The two beneficiaries of the Will have filed this application for grant of Letters of Administration. Late Julumdhari Tiwary by a Will dated 20.10.2003 bequeathed his entire properties which includes lands as described in column no.5 of the Will to Kalawati Devi and Parwati Devi. 3. This Court by a general citation published in the Hindi Daily newspaper "Dainik Jagran" noticed the public at large. The near relatives of the testator have appeared through their Counsel Mr. Dinkar Raj Bhandari and the two nephews Maheshwar Tiwary and Radhe Tiwary filed a formal petition stating therein that they have no objection if the Letters of Administration is granted in favour of the applicants, whereas the nieces Kusum Tiwary and Umapati Devi filed separate applications stating therein that they have also no objection to the Will. 4. After execution of the Will on 20.10.2003, the testator Julumdhari Tiwary died on 30.8.2005. In support of the prayer made in this application, the applicants examined besides themselves AW-1 Shashi Shekhar Singh @ Wakil Prasad Singh, AW- 2 Ram Jatan Rai and AW-3 Munarik Rai. The two applicants were examined as AWs- 4 and 5. 5. AW-1 Shashi Shekhar Singh @ Wakil Prasad Singh identified the signature of the deed writer Sanjay Kumar Sinha which has been marked as Exhibit-1. He has also identified the thumb impressions of late Julumdhari Tiwary which are marked as Exhibit-2 series. AW-1 has also identified the photograph of late Julumdhari Tiwary which has been marked as Exhibit-3 and the signature of the deed writer Sanjay Kumar Sinha who has attested the photograph which is marked as Exhibit-4. Exhibit-5 is the signature of Ram Jatan Rai (AW-2) which has been identified by AW-1. 6. Similarly, AW-2 Ram Jatan Rai and AW 3 Munarik Rai supported the case of the applicants and identified the thumb impression of the testator and the witnesses who have signed on the Will. AW- 4 and AW-5 are the beneficiaries of the Will. They have stated in their examination- in-chief that Late Julumdhari Tiwary was their husbands own uncle and was pleased with their services and decided to execute a Will in their favour. AW- 4 and AW-5 are the beneficiaries of the Will. They have stated in their examination- in-chief that Late Julumdhari Tiwary was their husbands own uncle and was pleased with their services and decided to execute a Will in their favour. They have specifically stated that because they had looked after late Julumdhari Tiwary, he preferred to execute a will in their favour rather than in favour of the husbands of the two applicants. Ail the witnesses have supported the fact that the will was executed by late Julumdhari Tiwary when he was maintaining a sound mental and physical health. No doubt has been raised from any quarters by any of the witnesses or the near relations that late Julumdhari Tiwary was not in a fit frame of mind to execute the Will. 7. Having perused the testamentary application, original will dated 20.10.2003, the depositions of the witnesses, I am satisfied that late Julumdhari Tiwary has duly executed a Will dated 20.10.2003 in presence of all the three witnesses without any undue pressure and in a sound mental and physical condition. I am also satisfied that this is the last Will of late Julumdhari Tiwary. 8. In the circumstances, the prayer made in this application to grant Letters of Administration in respect of the last Will and testament dated 20.10.2003 of late Julumdhari Tiwary is allowed. 9. Let the Letters of Administration indexing the copy of the Will, dated 20.10.2003 executed by late Julumdhari Tiwary be granted in favour of the two applicants, namely, Kalawati Devi and Parwati Devi which should have the effect throughout the territory of India.