Probate granted after attesting witnesses proved the testator’s voluntary execution and sound testamentary capacity.

Late Suresh Jha executed a registered Will dated 10 February 2021, registered as Deed No. 35, Book No. 03, bequeathing his self-acquired immovable properties to his son, Sumit Kumar, who was also appointed executor under the Will.

Suresh Jha died on 3 January 2025 at Mediversal Hospital, Patna, leaving behind Sumit Kumar and three other children as his near relatives; his wife had predeceased him.

Sumit Kumar filed the present testamentary application under Sections 273 and 276 read with Section 300 of the Indian Succession Act, 1925, seeking probate of the Will.

General citation was published in the prescribed newspapers and special citations were served on the three near relatives. All three appeared and filed no-objection affidavits supporting the genuineness and voluntary execution of the Will.

The applicant examined Pankaj Kumar, one of the attesting witnesses and the advocate who drafted the Will, Vijay Kumar, another attesting witness, and Sumit Kumar himself.

The witnesses deposed that Suresh Jha executed and signed the Will voluntarily, while in a sound state of body and mind, and without coercion or undue influence.

No witness was cross-examined and no objection was raised by any person pursuant to the general citation.

Whether the registered Will dated 10 February 2021 was duly executed and proved in accordance with Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872?

Whether the applicant, Sumit Kumar, was entitled to a grant of probate of the Will as its sole beneficiary and executor?

The Court applied Sections 273 and 276 of the Indian Succession Act, 1925, governing the effect of probate and the procedure for seeking probate, read with Section 300 concerning the jurisdiction of the probate court.

It applied Section 63 of the Indian Succession Act, which requires a Will to be signed or marked by the testator and attested by the requisite witnesses, and Section 68 of the Indian Evidence Act, 1872, which requires examination of at least one attesting witness to prove execution of a Will.

The Court also relied on the settled principle that the testamentary court must be satisfied that the testator executed the Will voluntarily, while in a sound and disposing state of mind, and free from coercion or undue influence.

The registered status of a Will was treated as supporting evidence of execution, but the Court also considered the oral testimony of the attesting witnesses and the absence of objections.

The Court found that the Will was registered on the date of execution and that the evidence established that Suresh Jha understood its contents, signed every page, and requested the attesting witnesses to sign it.

Pankaj Kumar, an attesting witness, identified the testator’s signatures and his own signature as well as the signature of another attesting witness; Vijay Kumar also identified the Will, the testator’s signatures and his own attestation.

Their evidence demonstrated compliance with the execution and attestation requirements under Section 63 of the Indian Succession Act, and satisfied the evidentiary requirement under Section 68 of the Indian Evidence Act.

The Court further found no suspicious circumstance because the witnesses described the testator as physically and mentally sound, the Will was registered, all near relatives consented to probate, and no person opposed the grant despite publication of general citation.

Accordingly, the Court held that the Will was voluntarily executed and duly proved.

The testamentary application was therefore allowed.

Probate of the last Will of Suresh Jha, Deed No. 35, Book No. 03, was directed to be issued in favour of Sumit Kumar, with a copy of the Will annexed; the probate was to have effect throughout India.