In Re: In the Goods of Late Dr. Satya Murty

Chandramauli Kr. Prasad, J.—This application has been filed for grant of probate to the will dated 30th of January, 1993 executed by Dr. Satya Murty.

According to the applicant, who happens to be the son of Dr. Satya Murty, his father was a Hindu governed by Mitakshara School of Hindu Law and was a resident of Village Nasibchak in the district of Sheikhpura and executed the will on 30th of January, 1993 according to his own free-will and in sound mental condition without any coercion or undue influence bequeathing the properties indicated in the will to the applicant and nominated him the sole executor. Applicant has further stated that the will in question has been attested by the witnesses which is the last will and testament of the testator who died on 24th of November, 1997 at Mohalla East Patel Nagar, in the town of Patna. Petitioner has given the value of assets likely to come to him by virtue of the will.

Applicant in paragraph 6 of the application has given the names of near relatives of the testator. Inspite of service of special citation and issuance of general citations, nobody had filed any objection.

Broadly speaking, before the prayer for grant of Probate is granted, the appli cant is to satisfy that the testator duly executed the will in a sound state of mind without undue influence or coercion and the same is attested by two witnesses. He is further required to satisfy that the will in question is the last will and testament of the testator.

The applicant, in support of his case, has altogether examined four witnesses. The applicant has exmined himself as A.W. 1. A.W.2 Rajiv Ranjan Sinha is a witness to whom the testator had given the manuscript of the will for typing. A.W. 3 Dr. Pravin Shankar and A.W. 4 Kamla are the attesting witnesses.

The applicant has stated that the testator duly executed the will in a sound state of mind without any influence or coercion. He has stated so in his evidence. A.W.3 Dr. Pravin Shankar who is nephew of the testator and also the attesting witness, has stated that the testator was in a sound state of mind at the time of execution of the will. There is no cross examination of the aforesaid witnesses. In that view of the matter I have no hesitation in holding that the testator duly executed the will in a sound state of mind without undue influence or coercion.

Applicant has stated that the will was attested by two witnesses. A.W. 3 and A.W. 4 Dr. Pravin Shankar and Kamla who happen to be the nephew and widow of the testator, have clearly stated in their evidence that the testator had signed the will in their presence and in presence of each other. As observed earlier, there is no cross-examination of these witnesses and hence, there is no reason to disbelieve their testimony. Accordingly, it is held that the will in question has been duly executed.

The applicant has stated that the will in question is the last will and testament of the testator. In spite of general and special citations, nobody has chosen to contest this case. Hence, I hold that they will in question is the last will and testament of the testator.

To me, they will seems to be natural. Beneficiary of the will is the youngest son of the testator and according to the will all other children of the testator were well settled in life and hence, the anxiety of the father to provide for the son not settled in life is quite natural.

Thus, the applicant has satisfied the requirements for grant of Probate and accordingly, probate of the will dated 30th of January, 1993 (Ext. 1), is granted with regard to the properties of Late Dr. Satya Murty as mentioned in the will and shall be valid throughout the country.