ABHISHEK KUMAR ALIAS SANTOSH Vs. ANSHUMAN SINGH

JUDGEMENT

(1.) PLAINTIFF had earlier filed Test Case under sections 273 and 278 of the Indian Succession Act for grant of Letters of Administration of the Will dated 9.7.1993 duly executed by the deceased Testator Ramadhar Singh. The Testator died issueless on 8.1.2004 at his residence at C/2, Water Tower, Road No.4, near High Court, P.S. Kotwali, Town and District- Patna. Subsequently, two of the Near Relatives, namely, Ansuman Singh and Shashank Kumar Singh filed objection and therefore, the Test Case was converted into the present suit.

(2.) PLAINTIFF is the grand nephew of the Testator. It is stated that the said Will was the last Will and Testament of the Testator. It was executed by the Testator in his sound state of health and mind and he voluntarily executed the Will after fully understanding its contents without any undue influence. The Will was executed in presence of two witnesses, namely, Ram Pujan Singh and Bisheshwar Singh. It is stated that the Testator was a retired Assistant Registrar of Patna High Court. At the time of execution of the Will, the plaintiff was minor and one Surendra Pratap Singh was appointed as executor of the Will uptill the legatee attains majority. The said Surendra Pratap Singh filed Test Case No.1 of 2004 for grant of probate of the Will. However, the said case was dismissed on 10.12.2004 on the ground that the plaintiff had become major. Thereafter, the plaintiff filed the present case.

(3.) P.W.2 Ram Pujan Singh reiterated the same thing as narrated by P.W.1 and stated that Late Ramadhar Singh, Bisheshwar Singh and he had signed the Will in presence of each other.