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Patna High Court
In The Goods Of Late Ramcharitra Rai vs Manoj Prasad on 24 July, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
TEST CASE No.18 of 2018
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In The Goods Of Late Ramcharitra Rai S/o Rampati Rai, R/o-Vill.- Sirpatpur,
P.O.- Bairiya, P.S.- Gopalpur, Distt.- Patna-7.
And
In the matter of an application filed by the applicant under Section 273 and
276 r/w Section 300 of the Indian Succession Act for grant of Letters of
Administration of the Will dated 15.01.1986
And
In the matter of an application filed by Manoj Prasad S/o Late Shibbalam Rai
R/o Vill.- Sirpatpur, P.O.- Bairiya, P.S.- Gopalpur, Distt.- Patna-7.
... ... Applicant.
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Prasad, Advocate
Ms. Pushpa Kumari, Advocate
For the NRs : Mr. Mithilesh Kr. Arya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 24-07-2025
Heard the learned counsel appearing on behalf of the
applicant as well as learned counsel representing the NRs and
perused the record.
02. This application has been filed under Sections 273
and 276 r/w Section 300 of the Indian Succession Act for grant of
Letters of Administration of the Will dated 15.01.1986 executed
by late Ramcharitra Rai. The Will has been executed in favour of
the applicant, namely Manoj Prasad, who is grandson of testator-
Ramcharitra Rai.
03. This Court vide order dated 07.11.2022 directed
the applicant to take steps for publication of general citation in
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two local daily newspapers, namely 'The Times of India'
(English) and 'Dainik Bhaskar' (Hindi) and the applicant was
also directed to file requisites for issuance of special citation
upon four near relatives of the Testator-late Ramcharitra Rai, by
both modes, i.e., under registered cover with A/D as well as
under ordinary process. Thereafter, affidavit filed on behalf of the
applicant in support of publication of general citation in two
daily newspapers, namely Dainik Bhaskar (Hindi), dated
16.12.2022
and Times of India (English), dated 17.12.2022, was
accepted and was kept on record. All the four near relatives of
the testator were declared served. Though all the near relatives
appeared through Vakalatnama but they did not choose to file
any caveat or objection to grant of letters of administration in
favour the applicant. Moreover, the appeared Near Relatives did
not cross examine the witnesses produced on behalf of the
applicant though they were represented through their learned
counsel.
04. In order to substantiate the claim made in the
instant testamentary application, total two witnesses, including
one attesting witness of the Will, have been examined on behalf
of the applicant, namely (i) Shivaballam Rai (one of the attesting
witnesses of the Will) and (ii) the applicant, Manoj Prasad (AW-
2).
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05. AW-1, Shivballam Rai, who is the attesting
witness of the Will and son of the testator-Ramcharitra Rai, has
been examined on 01.05.2025. He has stated in her evidence that
the contents of examination-in-chief filed by him on affidavit are
true and correct. This witness, in his examination-in-chief, stated
that he is the son of the testator, Ramcharitra Rai, but he could
not say when the Will was executed. He further stated that he is
illiterate. He further stated that the will relates to the land that
was given to my son, Manoj Rai @ Manoj Prasad. Upon Court’s
query, the witness stated that he had put his thumb impression on
the Will. He further stated that when the Will was executed, his
father was not in good physical condition but his mental
condition was good. This witness also stated that the Will was
executed without any undue influence or coercion of anybody.
06. AW-2, Manoj Prasad, who is the applicant of the
case as well as beneficiary of the Will, has been examined on
01.05.2025. He has stated in his evidence that the contents of
examination-in-chief filed by him on affidavit are true and
correct. He, in his examination-in-chief, stated that the testator-
Ramcharitra Rai was his grandfather. He further stated that he
has filed the case for grant of probate of Will executed by his
grandfather. He further stated that his grandfather, Ramcharitra
Rai died in the year 1986. He also stated that his father has a
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brother, namely Rajballav Rai, who had two children, a son and a
daughter, and his son pre-deceased him and the daughter got
married. He further stated that at the time of death of his
grandfather, he was 5-6 years old and last rites of his grandfather
was performed by my father. This witness further stated that at
the time of execution of the Will, the testator was mentally and
physically fit and the Will was the last Will of the testator. This
witness also identified the Will dated 15.01.1986 executed by the
testator in his favour by which 1 kattha land was given to the
applicant, which has been marked as Exhibit-1.
07. Learned counsel for the applicant submits that late
Ramcharitra Rai executed the Will dated 15.01.1986 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) Sri Shivbalam Rai, S/o- Late Ramcharitra
Rai, R/o-Sirpatpur, PO-Bairiya, P.S.-Gopalpur, District-Patna and
(ii) Sato Devi W/o Shivbalam Rai, R/o-Village-Sirpatpur, PO-
Bairiya, PS-Gopalpur, District-Patna. The said testator, late
Ramcharitra Rai, was a Hindu governed by the Mitakshara
School of Hindu Law and was permanently residing in District-
Patna, State of Bihar, which is within the jurisdiction of this
Court. The testator, Ramcharitra Rai, died on 14.02.1986 at about
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07:48 AM at his village residence and the Will dated 15.01.1986
is the first and last Will and testament of the testator. The testator
died living behind his heirs, namely Rajbalam Rai, Santosh
Kumar, Punam Kumari and Anuj Rai. The property covered
under the Will was owned by the testator, late Ramcharitra Rai
and on that authority, the testator bequeathed his 1 kattha
property through a Will in favour of his grandson, namely Manoj
Prasad (applicant) who is the sole beneficiary of the aforesaid
Will. Learned counsel further submits that the amount of asset,
which are likely to come in the hands of the applicant is
approximately Rs. 10,00,000/- (ten lacs only), which is
mentioned in the petition. It has further been submitted that one
of attesting witnesses of the Will, namely Shivballam Rai has
verified the instant application for grant of Letters of
Administration under Section 281 of the Indian Succession Act,
which is annexed with the petition.
08. Learned counsel for the applicant further submits
that in this case general citations were also published in two daily
local newspaper and all the near relatives of the testator were
represented through their learned counsel and they did not
oppose the grant of letters of administration in favour of the
applicant. Learned counsel further submits that another attesting
witness of the Will, namely Saato Devi is indisposed and bed
Patna High Court TEST CASE No.18 of 2018 dt.24-07-2025
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ridden and could not come before this Court to depose and for
this reason, Saato Devi could not produced before this Court for
examination. However, her examination-in-chief on affidavit has
been filed in which she supported the case of the applicant. Thus,
in the present case, the Will has been proved according to
provisions of Indian Evidence Act by the witnesses for the
applicant including one of the attesting witnesses of the Will. It
has also been proved by the witnesses that the testator was in
sound state of body and mind at the time of execution of Will on
15.01.1986. There is no scope of any suspicion nor anybody has
challenged the Will in question.
09. Having regard to the aforesaid facts and
circumstances and considering the submission made by the
learned counsel for the applicant, I am of the view that the
witnesses for the applicant including one attesting witness have
proved the Will. Both witnesses in categorical terms have stated
that at the time of execution of Will, late Ramcharitra Rai, was in
a good mental health and he voluntarily executed the Will in
favour of the legatee/applicant, completing the formalities and
his thumb impression has also been identified by the witnesses.
10. On analysis of the evidence(s) which have been
deposed by the witnesses, it is very much clear that late
Ramcharitra Rai, in good state of conscious mind, without any
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coercion and pressure, fully understanding the contents of the
Will, had put his thumb impression on last page of the Will and
the attesting witnesses of the Will also put their respective thumb
impressions in the body of the Will dated 15.01.1986, which has
been proved by the witnesses as discussed herein-above. Hence, I
am of the considered view that the testator, late Ramcharitra Rai,
executed the Will in favour of applicant in a proper state of mind
with proper understanding of the contents of the Will.
11. Accordingly, this application is allowed. Let the
Letters of Administration of the Will dated 15.01.1986 be issued
in favour of applicant of this case with a copy of the Will
annexed thereof, which shall have effect throughout the territory
of India.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2025 Transmission Date NA
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