Patna High Court
In The Goods Of Late Chedilal Dwarikadas ... vs on 1 February, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
TEST CASE No.3 of 2018
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In The Goods Of Late Chedilal Dwarikadas Tibrewal S/o Late Dwarika Das
Tiberwal. Permanent Resident of S.K.Nagar, P.O. Kidwaipuri, P.S. Budha
Colony, Town and District Patna and lastly resided at Flat No. 1603, Tower
No. 08, Blue Ridge, Phase No. 1, MIDC, Hinjewadi, P.O. Hinjewadi, P.S.
Hinjewadi, Pune - 411057.
AND
In the matter of an application filed under Sections 273, 276 and 300 of the
Indian Succession Act for grant of Letter of Administration of the Registered
Will dated 26.09.2014
AND
In the matter of an application filed by
Sushila Devi, aged about 60 years, W/o Susheel Kumar Tibrewal, permanent
Resident-Flat No. 1802, Tower No. 08, Blue Ridge, Phase No. 1, MIDC,
Hinjewadi, P.O. Hinjewadi, P.S. Hinjewadi, Pune - 411057. Presently residing
at House No. 7A/37, S.K. Nagar, P.O. Kidwaipuri, P.S.-Budha Colony, Town
& District-Patna.
............Applicant
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Appearance :
For the Applicant : Mr. Nazir Alam, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 01-02-2024
Heard learned counsel for the applicant.
02. This application has been filed for grant of probate
of the registered Will dated 26.09.2014 executed by late Chedilal
Dwarikadas Tibrewal. The registered will has been executed in
favour of the applicant namely Sushila Devi, w/o Sushil Kumar
Tibrewal.
03. It has been submitted on behalf of the applicant
that Late Chedilal Dwarikadas Tibrewal executed the registered
Will dated 26.09.2014 voluntarily in good physical health and
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
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sound state of mind, after understanding the contents of the Will,
without any undue influence or coercion of anybody, in presence
of two attesting witnesses, namely, (i) Sir Anshu Didwania, Son
of Arun Kumar Didwania, R/o- B2-601, Kumar Shanti Niketan,
P.O.-Hinjewadi, P.S. Hinjewadi, Pune, presently residing at B-
503, West One Apartment, Pakher Vasti, Wakad, Behind
Madhuban Hotel, P.O and P.S.-Hinjewadi, Hinjewadi Wakad
Road, Pune City, Pune-411057 and (ii) Smt. Nischal Agawral,
W/o Nitin Jabdia, Resident of A-1101, Prishine Prolfe, Wakad,
P.O. Hinjewadi, P.S. Hinjewaid, Pune-411057. The said testator
late Chedilal Dwarikadas Tibrewal was a Hindu governed by the
Mitakshara School of Hindu Law and was permanently residing
at S.K. Nagar, P.O-Kidwaipuri, P.S.-Budha Colony, Town &
District-Patna and he was lastly resided at Flat No. 1603, Tower
No. 08, Blue Ridge, Phase 1, MIDC, Hinjewadi, P.S.-Hinjewadi,
Pune-411057. The testator died at Pune on 08.10.2014 at about
01:00 pm. and the Will dated 26.09.2014 is the last Will of the
testator. Late Chedilal Dwarikadas Tibrewal died leaving behind
three sons, namely, Pradeep Kumar Tibrewal, Sanjay Kumar
Tibrewal and Sushil Kumar Tibrewal and two daughters, namely,
Uma Choudhary and Meera Khetan, respectively. The property
covered under the Will is a self acquired property of the testator
and on that authority he bequeathed the property of his own
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
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through registered Will in favour of his daughter-in-law, Sushila
Devi. The applicant has been named as sole beneficiary/legatee
of the registered will dated 26.09.2014 executed by the testator.
The amount of asset, which are likely to come in the hands of the
applicant is approximately Rs. 7003197/-, which is mentioned in
Schedule-A of the plaint.
04. The applicant has also named all the near relatives
of the testator and this Cour vide order dated 10.08.2018 directed
to issue special citation to five near relatives by both process, i.e.,
under ordinary as well as speed post and also directed the
applicant to take steps for publication of general citation in two
local daily newspaper, namely, Dainik Bhaskar (Hindi) and
Times of India (English). Thereafter, affidavit filed on behalf of
the applicant in support of publication of general citation in
Times of India (English) and Dainik Bhaskar (Hindi), both dated
07.09.2018
, was accepted and was kept on record and special
citation upon all the near relatives was declared to be validly
served. The notices have also been served upon all of them, but
only three of them, namely, NR-2 namely Sanjay Kumar
Tibrewal, NR-4 Uma Choudhary and NR-5 Meera Khetan
appeared in the test case. The aforesaid NRs did not choose to
file any caveat or objection to grant of letter of administration in
favour the applicant. Moreover, none of the appeared near
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
relatives cross examined the witnesses produced on behalf of the
applicant despite their appearance through their respective
advocate.
05. In support of the case, two attesting witnesses of
the Will have been examined on behalf of the applicant, namely,
Smt. Nischal Agarwal (AW-1) and Mr. Anshu Didwania (AW-2)
and applicant himself examined as AW-3. The AW-1, Nischal
Agarwal has been examined on 14.09.2023. She has
categorically stated in his evidence that she was known to
testator and the testator has executed and registered the Will on
26.09.2014 at Pune. This witness also identified the original
registered will dated 26.09.2014 executed by the testator, namely
Late Chedilal Dwarikadas Tibrewal and his signature at Page
No.4 of the Will, which have been marked as Exhibit-1 and
Exhibit-2 respectively. This witness also identified her signature
and signature of another attesting witness, namely, Anshu
Didwania at Page No. 4 of the Will, which have been marked as
Exhibit-3 and 3/1 respectively. This witness has also
categorically stated that the testator after understanding the
contents of the Will has put his signature in her presence as well
as another witness Anshu Didwania on the Will and thereafter at
the request of the testator she along with the another attesting
witness Anshu Didwania put their signatures as attesting
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
witnesses over the Will. This witness has also stated that the
testator was having sound physical and mental condition at the
time of execution of the Will. Upon Court's question, the witness
stated that the medical certificate of the testator was obtained
keeping in view the old age of the Testator, as he was aged about
85 years at the time of execution of the Will. This witness also
stated that at the time of execution of the Will, he was residing at
Pune and the testator died on 08.10.2014.
06. AW-2 namely Anshu Didwania has been examined
on 12.10.2023. He also stated that the testator was known to him
and testator has executed and registered his will on 26.09.2014
and he has also proved the original will dated 26.09.2014
(Exhibit-1). This witness has stated that the testator has executed
the will in his presence and in presence of Nischal Agarwal (AW-
1). He identified the signatures of the testator at Page-4 of the
Will (Exhibit-2). This witness has also stated that the testator has
executed and signed in presence of both the attesting witnesses.
Thereafter at the request of testator, this witness has signed in
presence of him and in presence of another attesting witness. He
also proved his signature (Exhibit-3/1) as well as signature of
another attesting witness of the Will (Exhibit-3). This witness has
also stated that the testator had gone to registry officer for
registration and he appeared before the registry and completed all
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
formalities of registration. This witness further stated that the
testator was medically examined on 22.09.2014 in a hospital at
Pune and he was physically and mentally fit at the time of
execution of the Will. He further stated that he had been deposing
in the Court without any threat or pressure. Upon Court's
question, this witness stated that he was staying in Pune at the
time of execution of the Will and he became an attesting witness
at the request of Testator of the Will.
07. AW-3 namely Sushila Devi is the applicant herself.
The applicant has been examined on 12.10.2023. This witness
has stated that testator was her father-in-law and he has executed
the will in favour of the applicant. This witness has also affirmed
that the father-in-law was in good health and mind and has
executed the Will in presence of attesting witnesses, Nischal
Agarwal and Anshu Didwania. She has further stated that notices
have also been served upon all the near relatives and only NR- 2
namely Sanjay Kumar Tibrewal, NR-4 Uma Choudhary and NR-
5 Meera Khetan appeared through vakalatnama. But none of the
appeared near relatives chose to file any caveat or objection to
grant of letters of administration in favour of the applicant. She
identified the original will (Exhibit-1) and also identified the
signature of the testator at Page-4 of the Will (Exhibit-2). She has
also stated that the valuation of the properties have been correctly
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
given by her.
08. Learned counsel for the applicant submits that in
spite of service of notices none have come to object the grant of
letters of administration of this registered will. In the present case
the will has already been proved according to provisions of
Indian Evidence Act by both the attesting witnesses and the will
has been correctly proved. It is also important to mention that the
will is a registered will of the testator as he himself appeared
before the registrar and admitted execution of the will. There is
no scope of any suspicion nor anybody has challenged the will in
question.
09. In view of the aforesaid facts and circumstances,
both the attesting witnesses have proved the Will before this
Court. All witnesses in categorical term have stated that at the
time of execution of Will late Chedilal Dwarikadas Tibrewal was
in a good physical and mental health and he voluntarily appeared
before the registry office and completed all the formalities and
his signature has been identified by the witnesses.
10. On analysis of the evidence(s) which have been
deposed by the witnesses, it is very much clear that late Chedilal
Dwarikadas Tibrewal, in well state of conscious mind, without
any coercion and pressure, fully understanding the contents of
the Will, had put the signature on each and every page of the Will
Patna High Court TEST CASE No.3 of 2018 dt.01-02-2024
and on his request both the attesting witnesses put their
respective signatures in the body of the Will which has been
proved by the witnesses as discussed herein-above.
Hence, this Court is of considered view that the
testator, Chedilal Dwarikadas Tibrewal, executed the Will in
favour of legatee, Sushila Devi, in a proper state of mind with
proper understanding of the contents.
11. Accordingly, this application is allowed. Let the
grant of probate 26.09.2014 be issued in favour of two applicant
of this case with a copy of the Will annexed thereof, which shall
have effect throughout the territory of India.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 03-02-2024
Transmission Date NA
