Arun Kumar Jha, J.—Heard learned counsel for the applicant.

2. This application has been filed under Sections 276 read with Section 300 of the Indian Succession Act by the applicant for grant of Probate of the Will dated 11.02.2009 executed by one Smt. Vishnu Priya. The Will has been executed in favour of the applicant namely, Saurabh Prateek, son of Sri Mukul Prasad whereby father of applicant, Sri Mukul Prasad has been appointed executor and trustee of the aforesaid Will dated 11.02.2009.

3. It has been submitted on behalf of the applicant that late Smt. Vishnu Priya executed the Will dated 11.02.2009 voluntarily in good physical health and sound state of mind, after understanding the contents of the Will, without any undue influence or coercion of anybody, in presence of two attesting witnesses, namely, (i) Chitranjan Kumar Verma (AW-1), Son of late Lala Satish Chandra Verma, resident of East Patel NagarNagar, Road No. 2, P.S.-Shashtri Nagar, Patna and (ii) Mukul Prasad (AW-2), Son of late Sachchidanand Prasad, resident of Mohalla- LIC Colony, Shivpuri, P.S.-Shashtri Nagar, District-Patna. It has further been submitted that the testatrix, late Smt. Vishnu Priya, was a Hindu governed by the Mitakshara School of Hindu Law and was permanently residing at Mohalla- LIC Colony, Shivpuri, P.S.-Shashtri Nagar, District-Patna, which falls within the territorial jurisdiction of this Court. It has further been submitted that the testatrix along with applicant’s father and mother went to Godda for submitting her annual life certificate for pension purposes where on 29.01.2012 at 09:00 PM while she was sleeping, died and the same was detected only in the morning and there was no occasion for her medical treatment. At the time of death, the testatrix was aged about 79 years. It has further been submitted that the Will dated 11.02.2009 is the last Will of the testatrix, which was duly executed before the Notary Public, Patna on 11.02.2009 and the Notary Public authenticated the said Will on the same day at Patna. The husband of the testatrix predeceased her long back and the testatrix, late Smt. Vishnu Priya died leaving behind three sons, namely (1) Sri Mukul Prasad, (ii) Kumud Prasad and (iii) Sri Ranjit Prasad and one daughter, namely (iv) Mrs. Ranjana Prasad. The testatrix executed the Will after taking consent of her sons and other relatives who also accepted the acts of the testatrix in presence of the witnesses before the Notary Public. The property covered under the Will is the self acquired property of the testatrix and as the sole owner she bequeathed the property of her own through Will in favour of her grandson, namely Saurabh Prateek and the testatrix has also appointed her son Mukul Prasad as the Executor of the Will dated 11.02.2009. The applicant has been named as sole beneficiary/legatee of the Will dated 11.02.2009 executed by the testatrix. The amount of asset, which are likely to come in the hands of the applicant is approximately Rs. 15,00,000/- (Rs. fifteen lacs only), which is mentioned in Schedule-1 of the plaint. The amount of liabilities and other deduction are given in Schedule-B of the plaint.

4. The applicant has named all the legal heirs and arrayed as near relatives (NRs) of the testatrix and this Court vide order dated 29.08.2013 directed to take steps for issuance of special citation to the NRs under both modes and also directed the applicant to take steps for publication of general citation in two local daily newspaper, namely, Prabhat Khabar (Hindi) and Times of India (English). Thereafter, vide order dated 28.08.2014, service of notice upon NRs 2 and 4 was declared served and the affidavit filed on behalf of the applicant in support of publication of general citation in Times of India (English) and Prabhat Khabar (Hindi), both dated 28.02.2014, was accepted and was kept on record. After that applicant was further directed to take fresh steps for issuance of fresh Special Citation to NR-3 at his present and