ABHA SINHA Vs. STATE

JUDGEMENT

(1.) ORIGINALLY this application was filed by Smt. Sukumari Sinha (wife) and Dr.Abha Sinha (Daughter) of Testator Late Kamta Prasad Sinha under section 276 read with section 300 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act") for grant of probate in respect of the Will executed by Late Kamta Prasad Sinha (Testator). During the pendency of this application, applicant no.1 Smt. Sukumari Sinha died. Hence, an affidavit was filed by applicant no.2 Dr.Abha Sinha for deleting her name from the records of the case, which was allowed by this Court by order dated 29.6.2012. As such this application now stands confined to applicant no.2 Dr.Abha Sinha only.

(2.) WILL was executed and registered on 7.1.2000. It is stated in the application that the Testator was permanent resident of House No.20, Anugrah Narayan Path, North S.K.Puri, P.S. � S.K.Puri, Town and District- Patna, within the jurisdiction of this Court. Testator died on 8.2.2006 in U.S.A., where, at the relevant time, his son Mr.Alok Kumar Sinha, an I.F.S. Officer, was posted. His Shradh Ceremony was performed at Patna by his family members.

(3.) ATTESTING Witness Alok Kumar Sinha was examined as A.W.2 on 17.2.2012. In his Examination-in-Chief he stated that his father died in U.S.A. on 8.2.2006 leaving behind his widow, this witness as a son and four daughters. This witness identified the signature of his father on the Will which was marked as Ext.-6 series. This witness identified his own signature on the last page of the Will, which was marked as Ext.-7. This witness stated that the Will was also attested by another attesting witness Sunil Kumar Sharma. He had put his signature on the Will in his presence. This witness stated that, to his knowledge, this is the last Will of his father. At the time of execution of the Will, his father was in sound state of health and mind. His father had traveled to U.S.A. after execution of the Will. At the time of execution of the Will, his father was not under coercion or undue influence nor was there any pressure or threat on him. The property mentioned in the Will is self acquired property of his father. This witness has filed separate affidavit supporting his statements on oath.