Patna High Court · 2011

was duly attested by Sri Naresh Sharma, Smt. Shanti Devi and Sri Heera Lal. He stated that the properties mentioned in the Will have been given to all his brothers, sisters and mother. He stated that he has been appointed as one of the Executors of the Will. This witness was not cross-examined as the three other brothers of the applicant, who had appeared in the case earlier stand transposed in the category of co- applicants.

10. Naresh Sharma (A.W.1) is the attesting witness. On the direction of the Court, Will was taken out from sealed cover in his presence. This witness did not remember as to who had typed the Will. In his statement on oath, he identified the signature of the Testator on the Will. He admitted that he put his signature on the second page of the Will on the request of the Testator. At that time, Shanti Devi and Hira Lal were also present there. This witness stated that the Testator was in good mental and physical condition on the date when he had executed the Will.

11. Heera Lal (A.W.2) is another attesting witness. In his statement on oath, he has stated that the Testator was his neighbour. Will was executed by the Testator on 28.5.1986 in his presence. At that time, - 5 - wife of the Testator Shanti Devi and another attesting witness Naresh Sharma (A.W.1) were also present. Both of them also put their signature on the second page of the Will. He also put his signature on the second page of the Will which was marked as Ext.-3. Signatures of Testator, Naresh Sharma (A.W.1) and Shanti Devi on the Will were marked as Exts.-1, 2 and 4. This witness stated that the Will was typed by one Sukhdeo Giri. The Will was marked as Ext.-5. He stated that at the time of execution of the Will, the Testator was in a fit state of mind and was also physically fit.

12. The applicants refused to produce any other witness. The other Near Relatives also have not filed any caveat or affidavit in opposition with a view to contest the prayer of the applicants. Therefore, evidence in the case was closed and the matter was fixed for hearing.

13. In view of the evidence of the witnesses, this Court has perused the original Will of the Testator. This Court finds that the Will is typed one on two pages. The Testator has executed the Will and put his full signature in Hindi at the bottom of the Will on the last page. This Court also finds that the three attesting witnesses have signed the Will on the second page of the Will as witnesses. The witnesses have identified the signature of the Testator on the Will as well as their own signatures which have been marked as Exhibits. Thus, this Court finds that the Will conforms to the requirement of section 263 of the Act.

14. The witnesses have stated that the Will is - 6 - the last Will of the Testator duly executed by him. They have also stated that the Testator was in a sound state of mind and body at the time of execution of the Will. This Court further finds that there is nothing on record to show that this Will was not the last document executed by the Testator for management of his Estate, and in the Will, the Testator has taken appropriate care of the Near Relatives and has appointed his all four sons, the applicants, as Executors of the Will in respect of his property.

15. In the circumstances, this Court is satisfied that the Will is genuine and contains last wishes of the Testator, duly executed by him in full consciousness and in a sound state of mind and body and duly attested by the witnesses and it satisfies the requirements of law.

16. As a result, this application is allowed. Let a probate be issued in favour of all the four applicants in respect of the Will. (Jayanandan Singh,J.) Patna High Court, The 12th August, 2011 N.A.F.R./Pradeep