PARAS NATH PRASAD Vs. XXXXX

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned counsel for the NRs.

(2.) This application has been filed under Ss. 276 read with Sec. 300 of the Indian Succession Act for grant of Probate of the registered Will dtd. 14/7/2016 executed by late Dr. Paras Nath Prasad. The registered will has been executed in favour of the applicant namely, Ratneshwari Devi, Wife of Late Dr. Prasad Nath Prasad, whereby she has also been appointed executor of the aforesaid Will dtd. 14/7/2016.

(3.) It has been submitted on behalf of the applicant that Late Dr. Paras Nath Prasad executed the registered Will dtd. 14/7/2016 voluntarily in good physical health and 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) Chandra Shekar Sharma (AW-1), resident of Mohalla-B/30, Road No. 4A, Magistrate Colony, P.O.-Ashiana Nagar, P.S. Rajeev Nagar, District-Patna-800025 and (ii) R. R. Dwar Singh (AW-2), resident of Mohalla- 106/B, Road No. 4A, Magistrate Colony, P.O.-Ashiana Nagar, P.S.-Rajeev Nagar, District-Patna-800025. The above AW-2, R. R. Dwar Singh died on 26/4/2021. The learned counsel further submitted that the said testator, Late Dr. Paras Nath Prasad, was a Hindu governed by the Mitakshara School of Hindu Law and was permanently residing at Mohalla-A/65, Road No. 4A, Magistrate Colony, P.O.-Ashiana Nagar, P.S.-Rajeev Nagar, District-Patna, which falls within the territorial jurisdiction of this Court. The testator died on 17/9/2017 at his own residence at Ashiana Nagar, Patna, Bihar at about 03:00 AM and the Will dtd. 14/7/2016 is the last Will of the testator, which was duly executed at the office of District-Registrar, Registry Office, Patna on 14/7/2016. The testator, late Paras Nath Prasad died leaving behind his widow, namely, Ratneshwari Devi and one daughter, namely, Kiran Kumari wife of Sri Rakesh Nandan Prasad and two sons, namely, Prem Kumar and Pankaj Kumar, respectively. The property covered under the Will is the self acquired property of the testator and as the sole owner he bequeathed the property of his own through registered Will in favour of his wife Ratneshwari Devi and the testator has also appointed his wife, Ratneshwari Devi as the Executor of the Will dtd. 14/7/2016. The applicant has been named as sole beneficiary/legatee of the registered will dtd. 14/7/2016 executed by the testator. The amount of asset, which are likely to come in the hands of the applicant is approximately Rs.2,00,00,000.00 (Rs. two crore only), which is mentioned in Schedule-A of the plaint. The amount of liabilities and other deduction are given in Schedule-B of the plaint.