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2010 DIGILAW 2095 (PAT)

Gaurav Verma v. State Of Bihar

2010-09-09

SHAILESH KUMAR SINHA

body2010
JUDGEMENT S.K.Sinha, J. 1. This application has been filed under Section 276 of the Indian Succession Act for grant of letter of administration in respect of the immovable properties in terms of the Will dated 20th January, 2004 executed by Smt. Shanti Verma wife of late Suresh Prasad Verma. 2. Smt. Shanti Verma died on 25.11.2004 leaving behind her properties as detailed in Schedules-I to IV of this application. Late Shanti Verma at the time of her death had a fixed place of abode in the Village-Deewanjee Ka Shikarpur, District-West Champaran the place where she died as well. The Will in question was executed by her on 20th January, 2004 which was her last Will in respect of her properties described in Schedules-I to IV in presence of the attesting witnesses namely, Nawal Kishore Rai and Om Prakash Tiwary. The near relatives of late Shanti Verma were namely Sri Sarvesh Prasad Verma and Sri Rajesh Prasad Verma, both sons of late Suresh Prasad Verma as also Smt. Veena Verma the daughter-in-law. Net approximate value of the properties of the deceased comes to rupees seven lakhs. The deed of Will in question did npt mention the name of any executor, and as such, the application has been filed on behalf of the petitioner nos. 1 & 2 who are the grandsons of late Shanti Verma. 3. The original Will dated 20th January, 2004 with the signatures of the testator as also the subscribe of the Will as also the attesting witnesses has been exhibited as follows: Exhibit-1: Signature of Umesh Lal Katib on the last page of the Will. Exhibit-2 (series): Signature of the testatrix on each page of the Will. Exhibit-3: Signature of the attesting witness namely Nawal Kishore Rai on the last page of the Will. Exhibit-4: Entire Will in eight pages. Exhibit-5: Signature of the attesting witness namely Om Prakash Tiwary. 4. All the exhibits were admitted into evidence without objection. 5. The general citation were published in two daily newspapers namely "Times of India" and "Dainik Jagran" both Patna edition. Special citations were also issued on the near relatives of the testatrix as mentioned in paragraph 9 of the petition. 6. No objection has been filed to the grant of letter of administration in respect of immovable properties in question as mentioned in Schedules-I to IV. 7. Special citations were also issued on the near relatives of the testatrix as mentioned in paragraph 9 of the petition. 6. No objection has been filed to the grant of letter of administration in respect of immovable properties in question as mentioned in Schedules-I to IV. 7. The applicant .has examined the following witnesses: Applicant witness No. 1: Shaket Verma, who is petitioner no. 4. Applicant witness No. 2: Nawal Kishore Rai, the attesting witness. Applicant witness No. 3: Rishitosh Srivastava, a distant relative of the testatrix. Applicant witness No. 4: Gaurav Verma, who is petitioner no. 1. Applicant witness No.5: Rajesh Prasad Verma, near relative of the testatrix. Applicant witness No. 6: Om Prakash Tiwary, the attesting witness. 8. The attesting witnesses have admitted their signatures on the Will and have also proved the signature of the testatrix on each page of the Will with further deposition to the effect that late Shanti Verma executed the Will in their presence who was in the sound state of mind and health and also after understating the contents of the Will, its pros and cons asked the attesting witnesses to put their signatures on the last pagepf the Will. Accordingly, the attesting witnesses after getting satisfied with the genuineness of the Will put their signatures which have been exhibited as mentioned above. The other applicant witnesses have also supported the application. 9. Mr. Manojeshwar Prasad Verma, learned counsel appearing for the applicant submits that the Will in question executed by late Shanti Verma has been duly proved to be a genuine last Will executed by her in presence of the attesting witnesses. The near relative no. 2 namely, Rajesh Prasad Verma has also supported the application for grant of letter of administration, and as such, having no objection the petitioners deserves to be granted the letter of administration in respect of the immovable properties as mentioned in Schedules-I to IV of this application. 10. Considered the submissions on behalf of the petitioners and also perused the original Will dated 20th January, 2004 (Exhibit-4) as also the deposition of the above witnesses and their affidavits whereby the Will has been duly proved to be the last genuine Will of the testatrix. General citation as well as special citation in favour of the near relatives was issued, however, there is no objection from any quarter. General citation as well as special citation in favour of the near relatives was issued, however, there is no objection from any quarter. All the witnesses have supported the claim of the petitioners for grant of letter of administration. 11. Considering the above, let a Letter of Administration annexing the copy of the Will (Exhibit-4) be granted in favour of the petitioner with respect to properties mentioned in the Schedules-I to IV being the property as per Column No. 5 of the Will dated 20.1.2004 executed by the testatrix which will have effect throughout India.