The main legal point established is the acceptance of a genuine and uncontested Will for probate, in accordance with the provisions of Hindu Law - Dayabhaga School.

Ramesh Kumar Datta, J.

1. This is an application for grant of Probate of the Will dated 30.5.2006 of Late Dr. Arun Kumar Sinha.

2. The said Will is stated to be the last Will and testament of the testator who is stated to have executed the Will on 30.5.2006 in the presence of two attesting witnesses. The said testator is stated to have died on 3.6.2007 at 7.30 A.M. at Ruben Memorial Hospital, Gandhi Maidan, Patna. The applicant, Prof. Dr. (Miss) Lakshmi Sinha is the sister of the testator. She has been named as the sole executor of the Will apart from the principal legatee therein and has filed the present application claiming to be entitled to obtain probate of the same.

3. The testator, Dr. Arun Kumar Sinha was a retired Principal of B.N. College, Patna University aged about 75 years when he executed the Will and was a resident of Mohalla Makhania Kuan Road, formerly Bihari Lal Bhattacharya Road, under Pirbahore Police Station, town and district-Patna. In the said Will he has revoked all former Wills and codicils and other testamentary dispositions by him previously and declared the Will dated 30.5.2006 as his last Will. He has stated that he was a bachelor and he had five sisters who are all named in the Will, out of whom three of the sisters had died by that time and only two of his sisters, namely, Miss Abha Sinha and retired Professor Dr. (Miss) Laksmi Sinha, the applicant, were alive. In the application for probate it is stated that the other sister, Miss. Abha Sinha died prior to the death of the testator. It is further stated in the Will that the eldest sister, Mrs. Sudha Bose (nee#25; Sinha) had four daughters who were all alive then and her youngest daughter, Prof. (Miss) Arpita Bose had been brought up by the testator since her childhood and has stayed/staying with him and his sisters in the said house at Makhaniya Kuan Road. It was further stated that the applicant and Miss (Prof.) Arpita Bose had been looking after the testator since he had fallen sick and they were also looking after hislother alive sister Miss. Abha Sinha who had also become very old. After mentioning his said house property situated on land measuring 3 katha 14 dhurs purchased by him by the sale deeds dated 13.9.1978 and 24.9.1979 respectively and further that he owned a Maruti Alto Car purchased on 18.2.2005, the testator bequeathed the entire property - movable and immovable- to the youngest sister, the applicant, with the condition that the other sister and niece will continue to stay in the house and other terms and conditions with respect to the sale of the house property and in the eventuality of the death of the applicant, etc. It is stated that after the death of the applicant, the entire movable and immovable property shall go to his said niece.

4. In the application it is stated that the testator was a Hindu governed by the Dayabhaga School of Hindu Law. Four near relatives were also mentioned in the application. All the four near relatives are daughters of the testator#25;s sister Late Sudha Bose. General citation was published in two daily newspapers, namely, Hindustan Times in English and Hindustan in Hindi published from Patna on 30.3.2009 and special citation was also issued to the four near relatives mentioned in the application. All the four near relatives have appeared by filing Vakalatnama and they have not opposed the application by filing any caveat/objection petition. Learned Counsel for the said near relatives, as a matter of fact, has submitted that they are supporting the casel of the applicant. One of the four near relatives, namely, Arpita Bose is also a legatee under the Will.

5. The applicant has sought to prove the Will by producing both the attesting witnesses, namely, Sudipto Adhikari who has been examined as A.W.1 and Dr. Ashesh Das Gupta as A.W.2. The applicant has examined herself as A.W.3.

6. A.W.1 has stated that he was working as Head of the Department of Geography when the testator was the Princi