IN RE: RANJEET BAHADUR SINGH Vs. STATE

JUDGEMENT

(1.) Present is the application filed under Sec. 276 of the Indian Succession Act to grant probate of the Will dated 08.08.2006 appended to the application executed by Late Ranjeet Bahadur Singh (testator) in favour of the applicant. It has been stated that the testator was an Ex Member of the Bihar Legislative Council and in that capacity the testator was allotted a piece of land by the Bihar Sansad Evam Vidhan Mandaliya Sadasya Grih Nirman Samiti Ltd. Patna bearing sub -plot No. 156 situated at Mauza -Salempur Dumra Thana -Phulwari Thana No. 10 at present known as Kautilya Nagar, P.S. Airport in the district of Patna measuring a total area of 2415 sq.ft. During his life time the testator, after allotment of the said plot, constructed a house thereon in which he was living till his death. The details of the said property have been fully described in Schedule -1 of the application. The applicant and his wife being son and daughter -in -law of the testator looked after the testator in best possible manner inasmuch as all comforts were provided to the testator during his life time. Pleased with the services rendered by the applicant, the testator executed a registered Will during his life time in respect of the property detailed in Schedule -1 on 8th of August, 2006 in favour of the present applicant. The Will was executed in presence of the witnesses namely Shri Ajit Kumar Singh (eldest son of the testator) Ram Bahadur Singh, Kamal Nath Singh Thakur and Smt. Sunaina Singh (wife of the testator). The testator after execution of the Will died on 10.03.2009 at his residence at Ara leaving behind the applicant and his other family members. The applicant performed his list rites being the youngest son. It has further been stated that the applicant is the sole beneficiary under the Will and also the sole executor appointed under the aforesaid Will. The said Will was the last Will and testament of the testator. The testator had died leaving behind the applicant and other heirs and near relatives (NRs.), namely Smt. Sunaina Singh (the wife), elder son, namely, Shri Ajit Kumar Singh and two daughters, namely, Smt. Smriti Singh and Smt. Priti Singh. The applicant after the death of his father (the testator) came in possession over the said property mentioned in the Will and since then he is exercising all rights of ownership. A prayer has been made for grant of probate of the Will.

(2.) General citations as well special citations were issued and published on 22.04.2012 in two newspapers, one in English 'the Hindustan times' and another one in Hindi 'Aaj', both published from Patna. Affidavit was filed placing on record the newspapers in which citations were published. No objection was filed by anyone including the near relatives (NRs.) of the testator. It is to be noted that NR -2 namely, Ajit Kumar Singh (one of the sons of the testator) appeared in the proceeding by filing Vakalatnama. Neither caveat nor any objection was filed on his behalf. Near relatives namely NR -1 (wife of the testator) NRs -3 and 4 (the two daughters of the testator) have placed on record their affidavit(s) by post stating therein that they have no objection if the probate of the Will is granted in favour of the applicant. By order dated 6.7.2012 this Court accepted the affidavit(s) of NR 1, 3 and 4. An amendment petition seeking amendment of the main application was filed. The same was allowed on 06.07.2012 and the date of the execution of the Will was treated as 08.08.2006. This Court granted opportunity to NR -2 to file caveat and objection. No caveat and objection was filed on his behalf and as such this Court by order dated 21.02.2013 precluded him from filing caveat and objection.

(3.) The Will annexed to the application has been proved and marked Ext. 1. To prove the Will the applicant has examined AW -1 Ram Bahadur Singh who is one of the attesting witnesses of the Will. AW -2 Kamal Nath Singh Thakur is another attesting witness of the Will, and AW -3 Arvind Kumr Singh is the applicant himself. Besides above, the affidavits filed on behalf of Smt. Smiriti Singh (daughter of the testator) and Smt. Priti Singh another daughter of the testator have been placed on record.