GAURAV VERMA Vs. STATE OF BIHAR

JUDGEMENT

(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 not 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 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.