In The Goods Of Late ... vs
2023 Latest Caselaw 4009 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                     TEST CASE No.15 of 2018
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In The Goods Of Late Chandrashekhar Kumar @ Shekhar Kumar S/o Ram Lal Gurda, Resident of Narayan Chuan, Chand Choura, P.S. Vishnupad, District - Gaya (Bihar) And In the matter of an application filed under Section 276 read with 300 of Indian Succession Act, 1925 for grant of Letters of Administration of the Will dated 23.02.2018 executed by the Testator Late Chandrashekhar Kumar @ Shekhar Kumar.

And

In the matter of:

1. Ram Lal Gurda, Son of Late Mukund Lal Gurda, resident of Narayan Chuan Chand Choura, P.O.- Chand Choura, P.S. Vishnupad, Gaya, Bihar, PIN-823001.

2. Niraj Kumar, Son of Shyam Lal, Resident of Suraj Kund, Ander Gaya, P.O.-Gaya, P.S. Vishnupad, Gaya, PIN-823001.

3. Awadh Narayan Singh, Son of Ram Naresh Singh, Resident of 07 Manik Nagar Colony Lahartara, Bauliya, P.O.-Cantt. Varanasi, P.S.-Maduadi, Varanasi, Utter Pradesh-221002, PIN-221002, permanent resident of village Parshottampur, Pargana Bhadohi, P.O.-Parsipur, P.S.-Chouri Bazar, District- Sant Ravi Das Nagar, Bhadohi, Uttar Pradesh, PIN-221402.

... ... Applicants

====================================================== Appearance :

For the Petitioner/s : Mr. Ray Saurabh Nath, Advocate Ms. Manjari Nath, Advocate Ms. Shalini Sinha, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT Date : 24-08-2023

Heard learned counsel for the applicants.

2. The present Testamentary Case has been filed by Patna High Court TEST CASE No.15 of 2018 dt.24-08-2023

the above mentioned three applicants for grant of Letters of

Administration of registered will dated 23.02.2018 executed by

Late Chandrashekhar Kumar @ Shekhar Kumar in the capacity

of legatee and beneficiary under the Will dated 23.02.2018.

3. Late Chandrashekhar Kumar @ Shekhar Kumar

(hereinafter referred to as 'Testator') was governed by

Mitakshara School of Law and had his place of abode in his

ancestral house in Gaya. The Testator remained unmarried till

his death and his mother predeceased him. Being only child of

his parents he is survived by his father namely Ram Lal Gurda

(applicant No. 1). The Testator got service in Tata Motors in

Lucknow. However, he fell sick due to cancer. He was treated at

Popular Hospital, Varanasi, Uttar Pradesh where he died on

25.02.2018.

4. While under going treatment of cancer at Varanasi,

U.P., he executed a will dated 23.02.2018 which was registered

on the same date on Commission in favour of three legatee and

beneficiary who are applicants herein including his father (Ram

Lal Gurda) and cousin brother (Neeraj Kumar). The Testator had

some savings in various Bank Accounts situated at Lucknow

and Varanasi amounting to Rs. 4,10,92,302.00/- (Rupees four

Crore Ten Lakhs Ninety Two Thousand Three Hundred Two) Patna High Court TEST CASE No.15 of 2018 dt.24-08-2023

only. The Testator had bequeathed his movable property (cash)

in favour of his father Ram Lal Gurda (applicant No.1) as fifty

per cent (50%) of the aforesaid amount, twenty per cent (20%)

in favour of cousin brother Neeraj Kumar (applicant No. 2) and

thirty per cent (30%) in favour of Awadh Narayan Singh

(applicant No.3) with regard to property standing in his name as

mentioned in para-9 of main application. The Testator executed

his last Will on 23.02.2018 without experiencing any outside

pressure or coercion in presence of two attesting witnesses

namely Pankaj Kumar Singh son of Awadh Narayan Singh

(Attesting witness No. 1) and Shashank Singh son of Sheetla

Prasad Singh (Attesting witness No.2). The Will was scribed by

Sahdeo Yadav, Advocate as per the oral directions of Testator.

The Testator, two attesting witnesses and scribe signed on the

Will at the same time in presence of each other on 23.02.2018.

The Will was got registered on the same date i.e. 23.02.2018 on

Commission before Deputy Registrar Sadar-II Incharge,

Varanasi, U.P.

5. After institution of present case on 04.09.2018,

general citation were issued in two local daily news papers

namely 'The Times of India" (English) and 'Prabhat Khabar'

(Hindi) both on 27.12.2018 in their respective Gaya editions, Patna High Court TEST CASE No.15 of 2018 dt.24-08-2023

both having wide circulation in the area around Gaya and

Jehanabad districts of Bihar. As the sole surviving heir of

Testator being his father only who is the applicant No.1 herein,

the process of Special Citation to near relatives was dispensed

with vide order dated 13.12.2018. As no one appeared to contest

the case by filing his caveat/objection, the present case

proceeded as uncontested matter.

6. Altogether four witnesses were examined by the

applicants to support their case. During recording of deposition

of witnesses, entire original Will dated 23.02.2018 was marked

as Exhibited-1, the signature of Testator at every page of the

Will was marked as Exhibit-2 (series), the signature of Attesting

Witness (A.W.)-1 Pankaj Kumar Singh at page -9 of the Will

was marked as Exhibit -3, the signature of Sahdev Yadav

(scribe) at page -11 of the Will was marked as Exhibit-4 and

signature of Attesting Witness (A.W.) - 2 Shashank Singh at

page-10 of the Will was marked as Exhibit-5.

7. During examination of A.W. -1 Pankaj Kumar

Singh supported the case of applicants and stated that the

Testator used to work at Lucknow, but his treatment for cancer

was carried at Varanasi and they used to visit regularly during

his treatment, and he took care of him during his treatment. Patna High Court TEST CASE No.15 of 2018 dt.24-08-2023

During his treatment he had executed his last Will dated

23.02.2018. He further stated that the contents of Will was read

over and explained to the Testator and after understanding the

contents of Will, the Testator put his signature at the bottom of

the Will in his presence. The witness further stated that he also

put his signature over the Will on the request of Testator. The

testator had good health at the time of execution of Will. No

force or coercion was applied to him at the time of signing the

will. The A.W.-1 identified the original Will as well as the

signature of Testator at every page of the Will as also the own

signature at page -9 of the Will which is marked as Exhibit -1, 2

(series) and 3 respectively. Upon Court question the witness

further stated that Testator was mentally as well as physically fit

at the time of execution of the Will. Upon further question of the

Court, A.W.-1 stated that he has no knowledge as to Testator had

executed any other Will except the present one.

8. During the examination of A.W.-2 Sahdev Yadav,

he stated that he had drafted the Will for the Testator as per the

Testator's instruction and desire. The Testator after reading the

contents executed the Will in his presence and in presence of the

witnesses Pankaj Kumar Singh and Shashank Singh who had

also put their signature on the Will in his presence and in the Patna High Court TEST CASE No.15 of 2018 dt.24-08-2023

presence of Testator. The witness further stated that entire

proceeding of execution was done in his presence. The witness

identified the Will as well as signatures of Testator and his own

signature upon the Will at page - 11 which was marked as

Exhibit -4. Upon Court question the witness further stated that

the Testator was physically and mentally fit at the time of

Execution of the Will.

9. During examination of A.W.-3 Ram Lal Gurda he

stated that he is the father of Testator who used to stay with

heirs and the testator died at Varanasi on 25.02.2018 unmarried.

He has filed this case for Letter of Administration. The Will was

executed by the Testator on 23.02.2018 who was his only son.

The witness identified the original Will as well as signature of

Testator over the Will.

10. During examination of A.W.4, Shashank Singh

stated that the Testator had executed the Will dated 23.02.2018

in his presence and in presence of Pankaj Kumar Singh and

Sahdev Yadav after fully understanding the contents of the Will

without experiencing any force or coercion. He further stated

that the Testator was having good mental condition at the time

of execution of the Will. He further stated that the Will dated

23.02.2018 was registered at Varanasi, Uttar Pradesh on the Patna High Court TEST CASE No.15 of 2018 dt.24-08-2023

same day. The witness also identified the original Will (Exhibit-

1) as also his own signature at page - 10 of the Will (Exhibit-5).

11. Having heard learned counsel for the applicants

and after going through the original Will dated 23.02.2018

executed by Late Chandrashekhar Kumar @ Shekhar Kumar

and the depositions of aforesaid four witnesses, this Court is of

the view that the Testator had voluntarily executed the Will

dated 23.02.2018 in presence of two attesting witnesses namely

Pankaj Kumar Singh and Shashank Singh and the scribe Sahdev

Yadav in his sound state of body and mind without any external

pressure or coercion after understanding the contents of the Will

in favour of applicants.

12. Accordingly, this application is allowed. Let the

Letters of Administration of the Will dated 23.02.2018 executed

by Late Chandrashekhar Kumar @ Shekhar Kumar be issued in

favour of three applicants of the case with a copy of a Will

annexed thereof, which will have effect throughout the India.

(Sunil Dutta Mishra, J)

saurabhkr/-

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