In the Goods of Late Suresh Jha son of Late Sukhdeo Jha vs REDACTED

IN THE HIGH COURT OF JUDICATURE AT PATNA
TEST CASE No.10 of 2025
======================================================
In the Goods of Late Suresh Jha son of Late Sukhdeo Jha Resident of Flat No.
-402, Prachi Nandan Apartment, Opposite A.N. College, P.S.-S.K. Puri,
Boring Road, P.O.-Patliputra, Town and District-Patna-800013 and permanent
resident of Village and P.O.-Uttra, P.S.-Saharghat, District-Madhubani-
847308.
And
In the matter of an application filed by Sri Sumit Kumar Son of late Suresh
Jha R/o- Flat No.- 402, Prachi Nandan Apartment, Opposite A.N. College,
Boring Road, P.O.- Patliputra, P.S.- Sri Krishnapuri, District- Patna-800013
And
In the matter of an application filed under section 273, 276 r/w 300 of the
Indian Succession Act, 1925 for grant of Probate of the Registered Will dated
10.02.2021 executed by late Suresh Jha.
... ... Applicant/s
======================================================
Appearance :
For the Applicant/s : Mr. Neel Moni, Adv
Mr. Pankaj Kumar, Adv
Mr. Vinod Sevastin, Adv
For the Near Relatives : Mr. D.N. Mallik, Adv
Mr. Priyajeet Pandey, Adv
Ms. Megha, Adv
Mr. Kaustubh Kumar, Adv
Mr. Rohit Raj, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
Date : 10 -09-2026
Heard learned counsel for the applicant and
perused the record.
02. This application has been filed under Sections
273 and 276 read with 300 of the Indian Succession Act,
1925 by the applicant of the case namely Sumit Kumar for

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grant of Probate of the registered Will dated 10.02.2021
vide deed No. 35, Book No. 03, executed by the father of
applicant Late Suresh Jha in favour of applicant Sumit
Kumar.
03. It has been submitted on behalf of the
applicant that the testator Late Suresh Jha executed the last
registered Will dated 10.02.2021 voluntarily in good
physical health and sound state of mind for his entire
immovable properties, after understanding the contents of
the Will which was prepared by Pankaj Kumar, Advocate of
this Court at the instruction and dictation of testator himself
without any undue influence or coercion of anybody, in
presence of three attesting witnesses, namely, (i) Pankaj
Kumar, Advocate, son of late Dr. Parasnath Prasad, House
no. A/65, Magistrate Colony, Road No. 04/A, P.O.- Ashiana
Nagar, P.S.-Rajeev Nagar, Patna-800025, (ii) Manoj Kumar
Tiwari, son of late Mahesh Tiwari, House no. 1-B/18,
Neelkanth Colony, Road No.- 01, Indirapuri, Raja Bazar,
P.O.- Veterinary College, P.S.- Shastri Nagar, Patna-800014
and (iii) Vijay Kumar son of late Bishnu Dhari Yadav,
House No. A-11, Sudha Sadan, Anand Vihar Colony, Beur

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Jail Road, Behind Patliputra Central School Anisabad, Post
Office- Anisabad, Police Station- Beur, Patna-800002. The
said testator, Late Suresh Jha, was a Hindu governed by the
Mitakshara School of Law, who died at Mediversal
Hospital, Kankarbagh, Patna-800020 on 03.01.2025 at
about 01.00 P.M. within the territorial jurisdiction of this
Court. In support of death of testator Suresh Jha, applicant
has filed xerox copy of death certificate dated 24-01-2025,
issued by Sub-Registrar, Birth and Death, Kankarbagh
Circle, Patna Municipal Corporation, Patna (At Annexure-1
in the plaint). The entire properties of the testator late
Suresh Jha is situated within the jurisdiction of this Court
and the Will dated 10.02.2021 is the last Will and Testament
of the testator. Late Suresh Jha was the father of the
applicant and he died leaving behind his other three heirs as
his near relatives at the time of his death namely, (i) Smt.
Sunita Jha, D/o- late Suresh Jha, wife of Vinay Kumar Jha,
village- Behta Haat, P.O. & P.S.- Benipatti, District-
Madhubani-847223, (ii) Smt. Savita Mishra, D/o- late
Suresh Jha, wife of Shiv Shankar Mishra, Flat No.- P-303,
Block-P, Ajnara Homes 121 Apartment, Sector-121, P.S.-

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Sector 68, Noida, Uttar Pradesh-201307 and (iii) Amit
Kumar, S/o- late Suresh Jha, Flat No.- D-504, Mantri
Serenity Apartment, opposite City Engineering College,
Kanakpur Main Road, P.S.- Subramanyapura, Bengaluru,
Karnataka-560062. Smt. Shanti Jha, wife of late Suresh Jha
has already left for her heavenly abode in the year 1991
itself. The present applicant is the sole beneficiary under the
Will dated 10.02.2021 executed by his father late Suresh
Jha. The testator has also appointed the present applicant as
the executor under the Will dated 10.02.2021. The applicant
has filed the present Testamentary case in the capacity of
executor at this Will. The property covered under the Will
as mentioned in Schedule-A was self acquired property of
the testator and on that authority, he bequeathed the
property of his own through registered Will in favour of his
son . The amount of assets, which are likely to come in the
hands of the applicant is approximately Rs. 2,00,00,000/-
(Two Crore rupees only), which is mentioned in Schedule-A
of the plaint.
04. This Court vide order dated 09.10.2025
directed the learned counsel for the applicant to take steps

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for publication of general citation in two local daily
newspapers, namely, Times of India (in English) and
Hindustan (in Hindi) in Patna and Madhubani edition.
Thereafter, affidavit filed on behalf of the applicant in
support of publication of general citation in Times of India
(in English) dated- 22.10.2025 in Patna edition and
Hindustan (in Hindi), dated- 22.10.2025 in its Patna and
Madhubani editions which was accepted vide this Court
order dated 09.07.2026 and kept on record. Vide order dated
09.10.2025, the special citation was also issued to all the
three near relatives of the testator late Suresh Jha as
mentioned in Para-07 of the present application by both
modes, i.e. ordinary process as well as registered post with
A/D. All the three near relatives appeared before this Court
by filing their vakalatnama. Near Relative No.-01 and 03
namely Smt. Sunita Jha and Amit Kumar has also filed their
respective No Objection Affidavits before this Court. The
No Objection Affidavit dated 23.04.2026 sworn by Smt.
Savita Mishra (N.R.-02) before the City Magistrate, G.B.
Nagar, Noida, Uttar Pradesh was also brought on record by
the applicant through his Supplementary Affidavit dated

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15.06.2026 as the Near Relative No.-02 Savita Mishra was
unable to come Patna due to her illness to complete the
legal formalities. All the three near relatives of the testator
has appeared and have filed their respective No Objection
Affidavits before this Court. All the NR’s have supported
the case of the applicant and have stated in their respective
affidavits that the Will dated 10.02.2021 executed by late
Suresh Jha is genuine and true and the same was executed
by the testator in his sound state of body and mind without
experiencing any type of outside pressure or coercion in
presence of three attesting witnesses. No other person,
except the three near relatives appeared before this Court in
reply to General Citation published in two daily
newspapers.
05. In support of the case, the applicant, herein,
filed the Examination-in-Chief on affidavit of his three
witnesses. The Attesting Witness Number-01 Pankaj Kumar
has been examined on 23.07.2026. He has stated in his
evidence before this Court that the contents of Examination-
in-Chief filed by him on affidavit is true and correct. A.W.-
01 Pankaj Kumar has stated that he is known to the testator

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for last 25 years as a family friend. The A.W.-01 Pankaj
Kumar further stated that the Will was prepared and drafted
by him at the instructions and desires of testator late Suresh
Jha. When the A.W.- 01 returned to the home of the testator
late Suresh Jha with the final typed copy of the Will, the
testator read the every line of the Will carefully and being
satisfied by the contents of the Will, the testator late Suresh
Jha requested him and testator’s other two family friends
namely Sri Manoj Kumar Tiwari and Sri Vijay Kumar to
accompany him to the Registry Office, Patna to get the Will
executed and registered on the same day i.e. 10.02.2021. On
reaching the Registry Office, Patna, the testator first put his
signature on each and every page of the Will. Thereafter, the
testator late Suresh Jha requested him and other two persons
to become attesting witnesses of the Will. On request of the
testator late Suresh Jha, the A.W.-01 Pankaj Kumar first put
his signature on the last page of the Will as attesting
witness. Thereafter Sri Manoj Kumar Tiwari and Sri Vijay
Kumar also put their respective signatures on the last page
of the Will as attesting witnesses. The A.W.-01 Pankaj
Kumar further stated that all the three witnesses put their

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respective signatures on the Will one by one at the same
time and place on the request of the testator late Suresh Jha.
The A.W.-01 Pankaj Kumar further stated in his deposition
that the testator late Suresh Jha was in sound state of health
and mind when the said Will and Testament was executed,
fully understanding the contents thereof without any undue
influence or coercion. The A.W.-01 Pankaj Kumar further
stated in his deposition that the Will dated 10.02.2021 was
registered before the Registering Officer, District Registry
Office, Patna on the same day, where, Sri Manoj Kumar
Tiwari identified the testator late Suresh Jha before the
Registering Officer, Patna.The A.W.-01 Pankaj Kumar
identified the Will dated 10.02.2021 executed by late Suresh
Jha and the signatures of testator on every page of the Will.
The Will is marked as Exhibit-1 and the signatures of
testator on every page of Will is marked as Exhibit-1/A
series. The witness also identified his own signature and
also the signature of other attesting witness Manoj Kumar
Tiwari on the Will, which has been marked as Exhibit-1/B
and Exhibit-1/C respectively.
06. Attesting Witness No. 02 Vijay Kumar, has

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been examined on 23.07.2026. He has stated in his evidence
before this Court that the contents of Examination-in-Chief
filed by him on affidavit is true and correct. A.W.-02 Vijay
Kumar has stated in his evidence that testator late Suresh
Jha and his father are family friends and he is also familiar
to the testator for last 40 years. A.W.-02, in his deposition
stated that the testator late Suresh Jha was in sound state of
health and mind when the said Will and Testament was
executed, fully understanding the contents without any
undue influence or coercion. The A.W.-02 Vijay Kumar also
identified the registered Will dated 10.02.2021 as also the
signatures of testator on every page of the Will and his own
signatures on the last page of Will. The A.W.-02 Vijay
Kumar also identified the signature of Manoj Kumar Tiwari
on the Will dated 10.02.2021 which is already marked as
Exhibit-1/C. The signature of testator late Suresh Jha is
already marked as Exhibit-1/A series. The signature of
Attesting Witness No.-02 Vijay Kumar is marked as
Exhibit-1/D.
07. The applicant Sumit Kumar has been
examined on 23.07.2026 as applicant’s witness no.-03. In

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his deposition, the A.W.-03 Sumit Kumar stated on oath that
he is the sole beneficiary and executor appointed under the
Will dated 10.02.2021 executed by his father late Suresh
Jha. The A.W.-03 Sumit Kumar stated in his evidence that
rd
the testator late Suresh Jha died on 3 of January, 2025 at
Mediversal Hospital, Kankarbagh, Patna. The A.W.- 03
Sumit Kumar further stated that the testator late Suresh Jha
was physically fit and mentally alert till his last breath on
03.01.2025. The A.W.-03 further stated that both of his
elder sisters namely Smt. Sunita Jha and Smt. Savita Mishra
and also his younger brother Amit Kumar have supported
his case and have filed their No Objection Affidavits in his
favour and all have No Objection if the Court grants
Probate of the Will dated 10.02.2021 executed by his father
late Suresh Jha in his favour. The A.W.-03 Sumit Kumar
identifies the Will dated 10.02.2021 as also the signatures of
his father late Suresh Jha, which are already marked as
Exhibit-1 and Exhibit-1/A series. The A.W.-03 Sumit
Kumar also identifies the No Objection Affidavit by his
sister Smt. Savita Mishra sworn before the City Magistrate,
G.B. Nagar, Noida Uttar Pradesh on 23.04.2026 as also her

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signatures on the affidavit. The No Objection Affidavit
sworn by Smt. Savita Mishra was marked as Exhibit-2 and
signature of Smt. Savita Mishra over her No Objection
Affidavit was marked as Exhibit-2/A series. None appeared
to cross examine the three witnesses. Hence, they were all
discharged by this Court.
08. After going through the original Will dated
10.02.2021 executed by testator late Suresh Jha and the
deposition of three applicant’s witnesses namely Pankaj
Kumar, Vijay Kumar and Sumit Kumar, it is amply clear
that the testator late Suresh Jha had voluntarily executed his
last Will date 10.02.2021, which was also registered before
the Registering Officer, Registry Office, Patna on the same
day in presence of three attesting witnesses namely Pankaj
Kumar, Manoj Kumar Tiwari and Vijay Kumar without
facing any type of outside pressure or coercion.
09. Learned counsel appearing on behalf of the
applicant submits that none has come to make any objection
with respect to grant of Probate of this registered Will dated
10.02.2021. In the present case, the Will and its execution
has been proved according to provisions of Section 63 of

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Indian Succession Act, 1925 r/w Section 68 of Indian
Evidence Act by the attesting witnesses. It has also been
argued that the Will is a registered Will of the testator as he
himself appeared before the Registering Authority and
admitted the execution of the Will. There is no scope of any
suspicion about genuineness of the said Will nor anybody
has challenged the genuineness of Will in question before
this Court.
10. In view of the aforesaid facts and
circumstances, the attesting witnesses have duly proved the
Will before this Court. All witnesses have categorically
stated that at the time of execution of Will that Late Suresh
Jha was in a good physical health and sound state of mind
and he voluntarily appeared before the Registering Officer,
Registry Office, Patna and completed all the formalities and
his signatures have been identified by the witnesses.
11. On analysis of the evidence(s) which have
been deposed by the witnesses, it is abundantly clear that
late Suresh Jha, in well state of conscious mind, without any
coercion and undue pressure, fully understanding the
contents of the Will, had put his signature on each and every

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page of the Will and on his request three attesting witnesses
put their respective signatures on the Will which has been
proved by the witnesses as discussed herein-above. Hence,
this Court is of considered view that the testator, late Suresh
Jha, executed the Will in favour of applicant, Sumit Kumar,
who is sole beneficiary and executor appointed under the
Will, in a proper state of mind with proper understanding of
the contents of the Will.
12. Accordingly, this application is allowed.
13. Let the Probate of the last Will dated
10.02.2021 vide deed No. 35, Book No. 03, executed by the
Testator late Suresh Jha 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.

(S. B. Pd. Singh, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE 13/08/2026
Uploading Date 17/09/2026
Transmission Date N/A