GOODS OF LATE HARI HAR RAI Vs. STATE

JUDGEMENT

(1.) In this application filed under sections 273 and 276 of the Indian Succession Act, the applicant prays for grant of Letters of Administration of the Will dated 16.02.2007 executed by Late Hari Har Rai @ Harhir Rai.

(2.) As per the applicant, Late Hari Har Rai @ Harhir Rai (hereinafter to be referred to as "the testator") was a Hindu governed by the Mitakshara School of Hindu Law. He was permanent resident of Mauza-Semra, P.O. Bandhu Chhapra, within Barhara police station in the district of Bhojpur. While he was alive he had voluntarily executed the Will on 16.02.2007 in respect of the property/estate to be left behind by him as detailed in the Will. The testator was in sound state of health and mind when the said Will was executed fully understanding the contents thereof without any undue influence or coercion. The said will was executed in presence of Raj Ballabh Singh and Jayashree Kumar, the two attesting witnesses. Few days thereafter i.e. on 28.02.2007 the testator died at Patna leaving behind this Will for his properties to take effect after his death. The Will presented along with the application was in the same state as it was executed. In paragraph 7 of the application it has been stated that the testator died leaving behind the beneficiary of this Will and another daughter namely Smt. Manorama Devi, wife of Babu Nand Rai. The wife of the testator had predeceased him. The property covered by the Will along with other properties were self acquired or the ancestral properties of the testator. He had, therefore, every right to bequeath the property as per his will. The value of the assets which were likely to come in the hands of the beneficiary/applicant quantified at Rs. 49 lakhs have been set out in Schedule A. The liabilities thereto and other deductions have been detailed in Schedule B. It has further been stated that no other application earlier to this has been made either to this Court or to any other court for grant of probate or Letters of Administration of the said Will. It has, therefore, been prayed that the Letters of Administration be granted in respect of the said Will to have effect throughout the territory of India.

(3.) The applicant has filed an interlocutory application being I. A. No. 1131 of 2013 for condonation of the delay, if any, in filing the present testamentary case.