The central legal point established in the judgment is the requirement for genuine and valid documentation in matters of succession, the disqualification of minors or persons of unsound mind from obtaining letters of administration, and the importance of procedural compliance and corroborative evidence.

Challenged in this appeal is judgment and order dated 02.07.2011 passed by the Additional District Judge-VII, Patna in Title Suit No.04 of 2009 arising out of Letter of Administration Case No.94 of 2005 whereby and whereunder the learned lower Court had allowed the petition and further, directed to issue a probate relating to a Will dated 29.10.1999.

2. Respondent/applicant filed a petition purported to be under Section 276 of the Indian Succession Act with a prayer to grant letter of administration certificate in her favour relating to a Will dated 29.10.1999 executed by testator, Shailendra Prasad Singh (since deceased) and for that, recited that aforesaid Shailendra Prasad Singh, son of Ram Prasad Singh of Village-Mahimachak, P.S. Haweli Kharagpur, District-Munger was the father in-law of propounder as well as father of opposite party nos.2 to 4. His wife Dropadi Devi had predeceased him.

3. It has further been pleaded that aforesaid Shailendra Prasad Singh was an employee under Rajbhasha Parishad, Government of Bihar at Patna as Research Assistant and retired on 31.12.1987. It has also been pleaded that daughters have already been married and are living with their husband at their sasural, respectively.

4. It has further been submitted that testator, Shailendra Prasad Singh had only son Manoj Kumar Singh, husband of the propounder, who happens to be mentally ill and is of unbalanced mind and on account thereof, she was being specially cared by the testator. It has further been submitted that after marriage, the daughters became ungrateful to the testator, Shailendra Pd. Singh and on account thereof, was not at all maintaining good, harmonious relationship with the testator. Furthermore, it has also been submitted that one daughter, Sarika has begotten from her. Testator, Shailendra Pd. Singh had developed anxiety towards the well being of the applicant as well as grand daughter on the ground of mental condition of his son, Manoj Kumar Singh. Furthermore, it has also been submitted that applicant happens to be sole member having attached with the testator, Shailendra Pd. Singh and further, was providing all sorts of nourishment, affection, service to testator, Shailendra Pd. Singh on account thereof, he was very much pleased with the applicant and that being so, testator, Shailendra Pd. Singh had executed his last Will under his fit, sound mental condition, voluntarily on 29.10.99 in favour of applicant in respect of his selfacquired property situated at Mohalla-Patrakar Nagar, Kankarbagh, Sector-H, Plot No.C/27, Holding No.3858, Circle No.8A of Patna Municipal Corporation and further, made applicant-owner of the said house on his death. Furthermore, it has been incorporated that testator Shailendra Pd. Singh by his last Will made the applicant, Anuradha Singh and the husband of the applicant namely Manoj Kumar Singh, owner of residential house as well as agricultural land situated at Village-Mahimachak.

5. It has further been pleaded that testator, Shailendra Pd. Singh under the aforesaid Will dated 29.10.1999, restricted the right of inheritance of his daughters relating to his self-acquired property located at Mohalla-Patrakar Nagar, but he had made provisions for residence of both the daughters providing accommodation in flat at first floor, Northern Side as well as Southern Side with a further restriction that they will have no right to sell the said flat.

6. It has further been pleaded that tax of the aforesaid house was fixed in name of Manoj Kumar Singh at the instance of testator, Shailendra Pd. Singh himself and further, put a condition upon his daughters to pay 1/3rd share of Annual Tax in proportionate way under the aforesaid Will.

7. It has also been pleaded that seeing the mental condition of Manoj Kumar Singh sole heir, testator, Shailendra Pd. Singh had authorized the applicant to manage the property as, at the relevant moment, was aged about 76 years and further, Manoj Kumar Singh was not at all compete