Patna High Court
In The Goods Of Late Ramanand Chaudhary vs X on 20 February, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
TEST CASE No.4 of 2019
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In the Goods of Late Ramanand Chaudhary, Son of Late Bindhyanath
Chaudhary Resident of 162, Patliputra Colony, P.S. Patliputra in the Town and
Dist. of Patna.
And
In the matter of an application under Section 273 and 276 r/w 300 of the
Indian Succession Act, 1925 for grant Letters of Administration of the Will
dated 02.02.1998.
And
In the matter of any application filed by Anand Kumar Chaudhary, son of Late
Ramanand Chaudhary, Resident of E/21, Nishant Vihar, PO+ P.S. Adityapur,
District-Saraikela, Kharsawan, Jharkhand, Pin-831013.
... ... Applicant
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Appearance :
For the Petitioner/s : Mr. Vivek Prasad, Advocate
Ms. Roona, Advocate
For the NR-1 : Mr. Alok Kumar Jha, Advocate
For the Nrs-2 & 3 : Mr. Sanjay Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 20-02-2025
In compliance of the order dated 04.02.2025, necessary
corrections in the examination-in-chief on affidavits filed on
behalf the applicant have been made and the same is accepted.
02. Heard the learned counsel appearing on behalf of
the applicant as well as learned counsels representing the NRs
and perused the record.
03. This application has been filed under Sections 276
& 279 r/w 300 of the Indian Succession Act for grant of Letters
of Administration of the Will dated 02.02.1998 executed by late
Ramanand Chaudhary. The legatees/beneficiaries of the Will are
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
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the applicant, namely Anand Kumar Chaudhary and his brother,
namely Dr. Arun Kumar Chaudhary and his sisters, namely Smt.
Sheela Jha and Smt. Neelu Mishra, respectively.
04. This Court vide order dated 01.01.2020 directed
the applicant to take steps for publication of general citation in
two local daily newspapers, namely Prabhat Khabar (Hindi) and
the Times of India (English) in their Patna Editions and also for
issuance of special citation upon three near relatives of the
Testator-late Ramanand Chaudhary, by both processes, i.e., under
registered cover with A/D as well as under ordinary process.
Thereafter, affidavit filed on behalf of the applicant in support of
publication of general citation in Prabhat Khabar (Hindi), dated
01.09.2022
, and in Times of India (English), dated 02.09.2022,
was accepted and was kept on record. All the near relatives of the
testator, namely (i) Dr. Arun Kumar Chaudhary, (ii) Smt. Sheela
Jha and (iii) Smt. Neelu Mishra appeared through Vakalatnama
in the instant testamentary case. The aforesaid NRs did not
choose to file any caveat or objection to grant of letters of
administration in favour the applicant. Moreover, the appeared
Near Relatives did not cross examine the witnesses produced on
behalf of the applicant though they were represented through
their respective learned counsels.
05. In order to substantiate the claim made in the
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
instant testamentary application, altogether three witnesses,
including one attesting witness of the Will, have been examined
on behalf of the applicant, namely (i) attesting witness of the
Will, Dipak Mishra (AW-1), (ii) the applicant, Anand Kumar
Chaudhary (AW-2) and (iii) Samir Chaudhary.
06. AW-1, Dipak Mishra, who is the attesting witness
of the Will, has been examined on 04.02.2025. He has stated in
his evidence that the contents of examination-in-chief filed by
him on affidavit are true and correct. This witness, in his
examination-in-chief, stated that the testator, Ramanand
Chaudhary, was his uncle (Mausa), who died on 28.01.2005 at
about 04:00 PM in Patna at his residence 162, Patliputra Colony,
Town & District-Patna. He further stated that testator-late
Ramanand Chaudhary executed the Will on 02.02.1998 and it
was handwritten Will on which he put his signature as an
attesting witness along with another attesting witness namely, Dr.
B. N. Choudhary, who has since died. He further stated while
executing the Will, the testator was in sound mental and physical
condition. He also stated that the testator executed the Will after
fully understanding its contents and without any undue influence.
This witness identified the Will dated 02.02.1998 executed by the
testator, namely late Ramanand Chaudhary, and the signatures of
the testator on each page of the Will, which have been marked as
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
Exhibit-1 and Exhibit-2 series, respectively. This witness also
identified his signature as well as signature of another attesting
witness, namely Dr. B. N. Choudhary, over the Will, which have
been marked as Exhibits-3 and 4, respectively.
07. AW-2, Anand Kumar Choudhary, who is the
applicant of the case, has been examined on 04.02.2025. He has
stated in his evidence that the contents of examination-in-chief
filed by him on affidavit are true and correct. He, in his
examination-in-chief, stated that the testator was his father, who
was having two sons and two daughters. The witness further
stated that he is the applicant of the present case and the witness
and his other three siblings are the beneficiaries of the Will
executed by the testator. He further stated that while executing
the Will, his father was aged about 78-79 years. The will was
made in the year 1998. This witness also stated that his father
died on 28.01.2005. He also stated that there were two attesting
witnesses of the Will, namely Dr. B. N. Choudhary, who has
since died, and another attesting witness was his cousin, namely
Dipak Mishra (AW-1). This witness further categorically stated
that at the time of execution of the Will, the testator was mentally
and physically fit and the Will was the last Will of the testator.
This witness also identified the Will dated 02.02.1998 executed
by the testator, namely late Ramanand Chaudhary, as well as his
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
signatures on each page of the Will, which have already been
marked as Exhibit-1 and Exhibit-2 series, respectively. He further
identified the signatures of the attesting witnesses to the Will,
which have already been marked as Exhibit-3 and Exhibit-4,
respectively.
08. AW-3, Samir Choudhary, has been examined on
04.02.2025. He has stated in his evidence that the contents of
examination-in-chief filed by him on affidavit are true and
correct. This witness, in his examination-in-chief, stated that he
is the son of the applicant of the present case and the grandson of
the testator, late Ramanand Chaudahry. He further stated that the
Will was witnessed by Dr. B. N. Choudhary and Dipak Mishra,
who were his grandfather and uncle by relationship. This witness
also identified the signatures of attesting witnesses of the will,
which have already been marked as Exhibit-3 & 4. This witness
further stated that his grandfather (testator) died on 28.01.2005.
He further stated that while executing the Will, his grandfather
(testator) was mentally and physically fit and the Will was the
last Will of the testator.
09. Learned counsel for the applicant submits that late
Ramanand Chaudhary executed the Will dated 02.02.1998
voluntarily in good physical health and sound state of mind, after
understanding the contents of the Will, without any undue
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
influence or coercion of anybody, in presence of two attesting
witnesses, namely, (i) Dr. B. N. Chaudhary (since deceased),
resident of Vivekanand Park, PO & P.S.-Patliputra, Patna and (ii)
Sri Dipak Mishra, son of Dr. Ramanand Mishra, resident of
Vivekanand Park, PO & PS-Patliputra, District-Patna. The said
testator, late Ramanand Chaudhary, was a Hindu governed by the
Mitakshara School of Hindu Law and had been permanently
residing at House No. 162, Patliputa Colony, Town & District-
Patna within the jurisdiction of this Court. The testator,
Ramanand Chaudhary, died on 28.01.2005 at about 04:00 PM in
Patna and the Will dated 02.02.1998 is the first and last Will and
testament of the testator. The testator was the father of the
applicant and he died leaving behind his wife, Shakuntala
Chaudhary, who also died on 10.06.2015, and his two sons and
two daughters including the applicant as his legal
heirs/representatives. The property covered under the Will, as
mentioned in Schedule-A of the plaint, were the self acquired
property of the testator, late Ramanand Chaudahry and on that
authority, the testator bequeathed his property through a Will in
favour of his legal heirs/representatives, namely, Anand Kumar
Chaudhary (applicant), Dr. Arun Kumar Chaudhary, Smt. Sheela
Jha and Smt. Neelu Mishra, respectively and they have been
named as the beneficiaries/legatees of the Will dated 02.02.1998
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
executed by the testator. Learned counsel further submits that
after death of the testator, his legal heirs as well as beneficiaries
of the Will came in peaceful possession of the property
bequeathed under the Will. The amount of asset, which are likely
to come in the hands of the applicant and other beneficiaries of
the Will is approximately Rs. 2,42,00,000/- (Two Crore Fourty
Two Lacs Only), which is mentioned in the plaint. It has further
been submitted that the applicant has verified the instant
application for grant of Letters of Administration under Section
281 of the Indian Succession Act, which is annexed with the
petition. It has also been submitted that the applicant has not
moved any application earlier to this Court or any other court for
grant of probate or letters of administration of the Will dated
02.02.1998.
10. Learned counsel for the applicant further submits
that in this case general citations were also published in two daily
local newspaper but none appeared to oppose the grant of letters
of administration in favour of the applicant. Further, all the three
near relatives, who are also the beneficiaries Will, have been
represented through their learned counsels and they supported the
contention of the learned counsel for the applicant. Thus, in the
present case, the Will has been proved according to provisions of
Indian Evidence Act by the witnesses for the applicant including
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
one of the attesting witnesses of the Will and the Will has been
correctly proved. It has also been proved by the witnesses that
the testator was in sound state of body and mind at the time of
execution of Will on 02.02.1998. There is no scope of any
suspicion nor anybody has challenged the Will in question.
11. Having regard to the aforesaid facts and
circumstances and considering the submission made by the
learned counsel for the applicant, I am of the opinion that the
witnesses for the applicant including one of the attesting
witnesses have proved the Will. All witnesses in categorical
terms have stated that at the time of execution of Will, late
Ramanand Chaudhary, was in a good physical and mental health
and he voluntarily executed the Will in favour of the
legatees/applicant, completing the formalities and his signature
has also been identified by the witnesses.
12. On analysis of the evidence(s) which have been
deposed by the witnesses, it is very much clear that late
Ramanand Chaudhary, in good state of conscious mind, without
any coercion and pressure, fully understanding the contents of
the Will, had put his signatures on each page of the Will and on
his request the attesting witnesses put their respective signatures
in the body of the Will dated 02.02.1998, which has been proved
by the witnesses as discussed herein-above. Hence, I am of the
Patna High Court TEST CASE No.4 of 2019 dt.20-02-2025
considered view that the testator, late Ramanand Chaudhary,
executed the Will in favour of legatees/beneficiaries, namely
Anand Kumar Chaudhary (applicant), Dr. Arun Kumar
Chaudhary, Smt. Sheela Jha and Smt. Neelu Mishra, respectively
in a proper state of mind with proper understanding of the
contents of the Will.
13. Accordingly, this application is allowed. Let the
Letters of Administration of the Will dated 02.02.1998 be issued
in favour of 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 NAFR
CAV DATE NA
Uploading Date 08-03-2025
Transmission Date NA
