A registered Will duly proved by attesting witnesses warrants Letters of Administration absent credible challenge.

Late Hari Nand Kumari Devi, wife of Late Bhagwati Charan Prasad, executed a registered Will dated 2 August 2003 in favour of the applicant, Manish Kumar, described as her grandson and sole legatee.

The testatrix died issueless on 19 August 2003, leaving five near relatives. General citation was published in Hindustan and the Times of India; the five near relatives appeared but filed no caveat or objection and did not cross-examine the applicant’s witnesses.

The applicant sought Letters of Administration under Sections 276 and 300 of the Indian Succession Act, 1925.

Three witnesses, including an attesting witness, the applicant, and one near relative, were examined without cross-examination.

Whether the applicant proved the due execution and genuineness of the registered Will dated 2 August 2003 in accordance with the law governing testamentary documents?

Whether, in the absence of any caveat or objection from the near relatives, the applicant was entitled to Letters of Administration with the Will annexed?

The Court applied Sections 276 and 300 of the Indian Succession Act, 1925, governing applications for probate or Letters of Administration and the jurisdiction of the High Court in testamentary matters.

The Court relied on the statutory requirements governing execution and proof of a Will, including proof by attesting witnesses under the Indian Evidence Act, 1872, and held that the Will had to be proved through evidence establishing the testatrix’s voluntary execution, sound disposing state of mind, and attestation.

The Court also considered the evidentiary significance of the Will being registered and of the absence of objections from the persons cited, although registration by itself was not treated as a substitute for proof of execution.

The Court found that the evidence established that the testatrix understood the contents of the Will, was in a sound state of mind, and executed it voluntarily without coercion or undue influence.

The attesting witness Jayant Sinha identified the Will and his signature and stated that the testatrix and the other attesting witness signed it in his presence.

The applicant and Mamta Sahay also identified the Will and the signatures of the testatrix and both attesting witnesses.

The Court further noted that the Will was registered, that the testatrix had appeared before the registering authority, and that none of the five near relatives contested the proceedings or cross-examined the witnesses.

On this material, the Court concluded that the statutory requirements for proving the Will were satisfied and that no suspicious circumstance remained requiring rejection of the testamentary claim.

Letters of Administration with a copy of the Will annexed were directed to be issued in favour of the applicant, with effect throughout the territory of India.