In the goods of late Rani Smt. Kanak Kishori Devi (Deceased)

Late Rani Smt. Kanak Kishori Devi executed her last will at 3.30 P.M. on 17.11.2009 at her residence Mohalla Damuchak, Patna High Court TEST CASE No.4 of 2012 2 P.S. Kaji Mohammadpur, District Muzaffarpur. The present Will has been claimed as a last Will executed by her without any fear, under any undue influence misrepresentation and misunderstanding rather out of free will, after reading and understanding the contents of the will, she put her signature in presence of attesting witnesses and other witnesses. The death certificate of testatrix has been marked as ext.2. The entire will has been marked as Ext.1.

On perusal of the Will, the Will was executed on

31.8.1996 in presence of Justice Shashank Kumar Singh, Judge of Patna High Court. At the relevant time Krishna Nandan Singh, son of Kamleshwari Nandan Sinha, Sr. Advocate of Patna High, Shri Kaushlendra Prasad Narayan Singh, son of Raja Bahadur Harihar Prasad Nasrain Singh, Sri Krishna Shwarendra Sahi, son of late Hari Shwarendra Sahi, Sri Kamleshwari Nandan Singh, son of Sri Kalika Nandan Singh and Sri Balmiki Singh Advocate, son of Sri Ram Sharan Singh were present, she testamented the Will in favour of 14 persons, mentioned in the body of Will dated 31.8.1996 and the same was registered in the registry office at Muzaffarpur. The original Will was filed in sealed cover which was opened. The general citation and special citation were issued near relative nos. 1 to Patna High Court TEST CASE No.4 of 2012 3

Near relatives nos. 1,2, 3, 7,10, 11, 12, 13, 14, 15 and 16 have appeared through their respective Advocates but none of them filed any objection.

Four witnesses, namely, Sri Akhilesh Nandan Singh, the petitioner himself was examined as A.W.1. Krishna Nandan Singh (A.W.2), Krishne Shwarandra Sahi (A.W.3) and Prashant Kumar Gupta (A.W.4) have filed their respective examination- in-chief sworn before Oath Commissioner at Patna High Court. The statement of testatrix at page 1 was marked as Ext.3. Exts. 3/1, Ext.3/2, Ext.3/3, Ext.3/4. Ext.3/5, Ext.3/6, Ext.3/7, Ext.3/8, Ext.3/9, Ext.3/10, Ext.3/11, Ext.3/12, Ext.3/13, Ext.3/14, Ext.3/15 and Ext.3/16 are signatures of testatrix late Rani Smt. Kanak Kishori Devi at different pages as well as places of Will. Ext.4 is the signature of K.N. Singh, Sr. Advocate who gave certificate that late Rani Smt. Kanak Kishori Devi, wife of late Raja Shri Maheshnandan Singh read over the contents of her last Will which was explained to her by her Advocate Sri Rama Kant Sharma and finding the same to her satisfaction and in accordance with her wishes signed in his presence. Similar type of statement has been recorded by Justice Shashank Kumar Singh and the same was marked as Ext.

Sri Kaushlendra Prasad Narain Singh attesting witness has also recorded the Patna High Court TEST CASE No.4 of 2012 4 statement of the execution of the Will by testatrix Rani Smt. Kanak Kishroe Devi signed the Will in his presence after reading the contents and finding to be correct, the same was marked as Ext.

Identical statement has been recorded by Sri Krishne Shwarendra Sahi and his signature has been marked as Ext.

Similar statement made by Kamleshwari Nandan Singh put his signature and the same was marked as ext.

Ext.9 is signature of Balmiki Singh Advocate recording the similar statement that contents of will was read over and explained to her, finding to be correct, put her signature. Prasant Kumar Gupta was a witness to the execution of the Will and his signature has been marked as Ext.10. In the recital of the Will the property has been testamented to different beneficiaries mentioned in altogether seven schedules mentioned in the will. The Will executed by testatrix qualifies all ingredients of Section 63 of the Indian Succession Act as well as Section 68 of the Evidence Act.

5. This Court is satisfied that Will dated 31.8.1996 is the last Will which was read and explained to Rani Smt. Kanak Kishori Devi by her Advocate understanding the contents of Will out of free will she put her signature in presence of attesting witness and other witnesses mentioned above, have Patna High Court TEST CASE No.4 of 2012 5 also put their respective signatures in her presence.

6. In the circumstances the prayer made in this application to grant probate of the last Will dated 31.8.1996 (Ext.1) is allowed. Accordingly the executor of the Will Sri Akhilesh Nandan Singh alias Anup Babu will act in terms of the desire of testatrix.

7. Let probate annexing the copy of the last Will of late Rani Smt. Kanak Kishori Devi be granted which shall have effect throughout the territory of India. (Shivaji Pandey, J) Vinay/- U