ASHOK KUMAR Vs. XXXXXX

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned counsel for the sole near relative (NR).

(2.) This application has been filed for grant of Probate of the Will dtd. 24/7/2021 executed by Late Ashok Kumar, son of Late Lal Narayn Sinha whereunder the petitioner/applicant namely, Sri Partha Sarthy, son of Late Justice Lalit Mohan Sharma is one of the legatees/beneficiaries and he has also been appointed as an Executor of the said Will.

(3.) It has been submitted on behalf of the applicant that Late Ashok Kumar initially executed a Will on 9/10/1995. However, since the document of Will dtd. 9/10/1995 became brittle due to poor paper quality, he subsequently executed another Will dtd. 24/7/2021 voluntarily in good physical health and in sound state of mind, after understanding the contents of the Will, without any undue influence or coercion of anybody, in presence of two attesting witnesses, namely, (i) Devendra Prasad Sharma (AW-2), resident of 2/F-5, Purnednu Nagar, Phulwarisharif, District-Patna and (ii) Ram Vijay Sharma (AW-3), resident of Purnendu Nagar, Near Shiv Mandir, Phulwarisharif, District-Patna. The said testator, Late Ashok Kumar, was a Hindu governed by the Mitakshara School of Hindu Law and was permanently residing at Anugrah Narain Road, Post Office and Police Station Kadam Kuan, Town and District-Patna, which falls within the territorial jurisdiction of this Court. The testator died on 24/10/2021 while undergoing treatment at Ruban Memorial Hospital, Patliputra Colony in town and District-Patna and the Will dtd. 24/7/2021 is the last executed Will of the testator, which was duly executed in terms of Sec. 63 of the Indian Succession Act, 1925. The father of the testator, late Lal Narayan Sinha, former Attorney General of India expired on 10/2/1995 and his mother expired on 19/4/1994. Besides himself, the testator had two own brothers, namely, Late Justice Lalit Mohan Sharma (Former Chief Justice of India) and Sri Birendra Kumar Singh. The eldest brother of the testator, late Justice Lalit Mohan Sharma (Former Chief Justice of India) and only sister late Indu Bala precdeceased him. The testator, Ashok Kumar was unmarried and he died leaving behind his brother, namely, Mr. Birendra Kumar Singh son of late Lal Narayan Sinha, who resides in USA. The testator appointed the applicant as executor of his last Will dtd. 24/7/2021. The testator has bequeathed his properties in faovur of his two nephews namely, Sri Partha Sarthy (applicant) and Sri Somendra Singh S/o Sri Birendra Kumar Singh in equal shares on account of his love and affection for them. The value of assets, which are likely to come in the hands of its beneficiaries is approximately Rs.9,36,29,915.000 (Rupees nine crores thirty six lacs twenty nine thousand nine hundred fifteen), which is mentioned in Schedule-A of the plaint. The amount of liabilities and other deduction are given in Schedule-B of the plaint.