In The Goods of Late Mohan Sao @ Mohal Lal v. Muneshwari Devi
2013-08-22
KISHORE KUMAR MANDAL
body2013
DigiLaw.ai
Kishore Kumar Mandal, J. – Present is the application filed under sections 273 and 276 of the Indian Succession Act for grant of Letters of Administration with the Will appended to the application executed by Late Mohan Sao @ Mohan Lal (the testator) on 02.10.1980. It is stated that the testator was a Hindu governed by the Mitakhsara School of Hindu Law. He owned and possessed the property fully described in Annexure-A to the application. Prior to his death on 02.10.1990 the testator executed the said Will on his own volition without any undue influence or pressure unequivocally bequeathing the land/property (Annexure-A) in favour of the applicant/petitioner. She is the sole beneficiary of the Will. It has further been stated that the testator got the Will prepared and executed in presence of two attesting witnesses namely Ram Babu Sao and Ramautar Rai, both of them signed the said Will. The testator at the time of his death had left behind two near relatives, namely Rajendra Babu (son) and Binod Kumar Gupta (son-in-law). It has also been stated that the testator was in sound health and mind when the Will was executed. A prayer has been made for grant of Letters of Administration of the said Will. 2. General Citation was issued in English newspaper ‘The Hindustan Times’ and Hindi newspaper ‘Aaj’, both published from Patna on 9.10.2010. Special Citation was issued and served on the near relatives. However, both the Near relatives have appeared and filed Vakalatnama but they have not filed any caveat or objection against the grant of Letters of Administration with the Will annexed in favour of the petitioner/applicant. 3. To prove the Will the applicant has examined two witnesses, namely, Ramautar Rai (AW-1) and Ram Babu Sao (A.W.2). The applicant has examined herself as A.W.3. A.W.1 Ramautar Rai has proved the Will which has been marked as Ext.1. He has also identified/proved the signature of Mohan Sao @ Mohal Lal (the testator) on the Will which has been marked as Ext.2. It has been stated that on 02.10.1980 the testator called him at his residence. When he reached there he saw the Will being typed by the typist Sukhdeo Giri. The contents of the Will were read over and explained to the testator. Another witness Ram Babu Sao was also present.
It has been stated that on 02.10.1980 the testator called him at his residence. When he reached there he saw the Will being typed by the typist Sukhdeo Giri. The contents of the Will were read over and explained to the testator. Another witness Ram Babu Sao was also present. The testator put his signature on the Will in his presence and in presence of Ram Babu Sao (A.W.2) as also the typist. Thereafter on the request of the testator, Ram Babu Sao also put his signature on the Will in his presence and in presence of the testator and the typist Sukhdeo Giri. When the Will was being executed the testator was mentally fit and was capable of understanding the implication. On recall A.W.1 Ramautar Rai identified his signature (Ext.4) on the Will. He stated that Ram Babu Sao had signed the Will in his presence. 4. A.W.2 in his deposition has stated that he knew the testator from before who had executed the Will on 02.10.1980. Before the said execution of the Will the testator had called him and Ramautar Rai (A.W.1). The Typist Sukhdeo Giri who was also present read over the contents thereof to the testator. The testator was a Hindu governed by the Mitakhsara School of Hindu Law. At the time of execution of the Will the testator was in sound state of health and mind and had executed the will voluntarily without any pressure after understanding the contents thereof. After signing the will the testator requested him to sign the Will and accordingly he (A.W.2) also signed the Will in presence of the testator and Ramautar Rai (A.W.1). A.W. 1 also signed the Will in his presence and in presence of Mohan Sao (testator). He has proved the signature on the Will (marked Ext. 3). He also claims to have identified the signature of the testator and another witness Ramautar Rai on the Will. This witness has further sated that on the day when the Will was signed Mohan Sao was mentally and physically fit. The applicant Smt. Muneshwari Devi has examined herself as A.W.3. In her examination-in-Chief it has been stated that present case has been filed by her for grant of Letters of Administration of the Will dated 02.10.1980 executed by Mohan Sao(testator). The testator subsequently died on 02.10.1990 at his residence at Patna.
The applicant Smt. Muneshwari Devi has examined herself as A.W.3. In her examination-in-Chief it has been stated that present case has been filed by her for grant of Letters of Administration of the Will dated 02.10.1980 executed by Mohan Sao(testator). The testator subsequently died on 02.10.1990 at his residence at Patna. The testator was a Hindu governed by the Mitakhsara School of Hindu Law and at the time when the Will was executed he was in sound state of health and mind and the testator executed the Will on his own volition without any pressure after understanding the contents thereof. She has also stated that the near relatives of the testator have no objection to grant of Letters of Administration in favour of the applicant. 5. From bare perusal of Ext.1 it is seen that it is a one page document which has been signed by the testator on 02.10.1980 (Ext.2) and also bears the signature of Ram Babu Sao(A.W.2) which has been marked as Ext. 3 and A.W.1 Ramautar Rai which has been marked as Ext.4. The will has been typed by the Typist Sukhdeo Giri who appended his signature thereon. In the said Will the testator has stated that the Will is being executed by him in his full sound state of mind and without any fear and pressure by anyone. The details of the property bequeathed thereunder have been set out and it has been stated that the same has been bequeathed in favour of the applicant Smt. Muneshwari Devi wife of Sri Deo Prasad Sah, resident of village Tineri, P.S. Masaurhi in the district of Patna for her use and benefit absolutely and for ever. 6. On a consideration of the evidence adduced on behalf of the applicant this Court finds that the Will and the contents thereof have been proved by the witnesses. The evidence adduced on behalf of the applicant further indicates that the testator singed the Will after having understood the contents thereof. The Will was executed by the testator on his own volition and he was in sound state of health and mind when the same was executed. The execution of the Will was the voluntary act of the testator.
The evidence adduced on behalf of the applicant further indicates that the testator singed the Will after having understood the contents thereof. The Will was executed by the testator on his own volition and he was in sound state of health and mind when the same was executed. The execution of the Will was the voluntary act of the testator. The applicant has successfully proved the Will having been executed by the testator on his own free Will and attested by the two witnesses as required by law and the Will (Ext.1) dated 02.10.1980 is a genuine Will and also the last Will of the testator and hence the applicant is entitled to grant of Letters of Administration of the Estate of the testator Mohan Sao @ Mohal Lal (Annexure-A) under the Will dated 02.10.1980. 7. Accordingly the application is allowed. 8. Let Letters of Administration with respect to the Will dated 02.10.1980 (Ext.1) be issued in favour of the applicant (Smt. Muneshwari Devi) which shall have effect throughout the territory of India.