IN RE: KAMTA PRASAD 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 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.

(2.) IT is further stated that the Testator had acquired 3 katha 8 dhurs of land through registered sale deed and constructions were made thereon by him. There was family partition between the Testator and his only son Alok Kumar Sinha on 1.10.1983 and southern half was allotted to the Testator and northern half was allotted to his son Alok Kumar Sinha. Will was executed and registered by the Testator on 7.1.2000 in favour of his wife Mrs.Sukumari Devi and daughter Dr.Abha Sinha with respect to his share in the said property, details of which are mentioned in Schedule -A. A copy of the Will has been attached with the application.

(3.) PROBATE Duty of Rs.30,000/ - was deposited by the applicants on 26.4.2011 through challan. All the Near Relatives filed their "No Objections? with their vakalatnama. Thereafter, by order of the Court dated 1.7.2011, general citation in two newspapers, namely, Patna editions of English Daily "The Times of India" and Patna Edition of Hindi Daily "Dainik Jagaran" were published on 16.7.2011 and an affidavit to this effect was also filed along with original copy of newspapers. Since all the Near Relatives had appeared and filed their "No Objections?, special citations were not issued to them. Applicant thereafter filed Examination -in -Chief of the witnesses. Applicant also filed Examination -in -Chief on her behalf.