Ashwani Kumar Mishra, J. - (1.) Proceedings under the Indian Succession Act, 1925 read with Chapter XXX Rule 6 of the Rules of the Court have been initiated by the plaintiff for grant of letters of administration in respect of estate of deceased Rai Bharat Kumar, which he possessed at the time of his death, alongwith copy of a will dated 13.11.1998 annexed thereto. As per the averments in the plaint, the deceased has left behind two sons namely Rai Sharwan Kumar (plaintiff petitioner) and Rai Siddhartha Kumar, as well as 05 daughters namely Smt. Sudha Jain, Smt. Seema Bakshi, Smt. Sadhna Agarwal, Smt. Sarita Agarwal and Smt. Subhasini Mohan alias Smt. Subha Mohan, as per their description given in para 4 of the plaint. It is stated that as per the will, 05 daughters were entitled to a sum of Rs.51,000/- each, which have been paid to them by demand draft and accepted by them without protest.
(2.) Smt. Sudha Jain, the eldest daughter of deceased, has instituted Original Suit No.667 of 2013 (Smt. Sudha Jain Vs. Rai Sharwan Kumar and others), seeking partition of her 1/7th share in the properties of the deceased. According to plaintiff, necessity has arisen for filing the present petition, inasmuch as the will is now being disputed by one of the sisters. The plaintiff has set forth in Annexure-1 to the petition the affidavit of valuation enumerating all properties and credits, which the deceased possessed or was entitled to at the time of his death and which have or are likely to come to the hands of the petitioner.
(3.) Copy of the will dated 13.11.1998 is annexed. Affidavit of one of the attesting witnesses to the will i.e. Laxmi Chandra Agarwal son of late Mahabir Prasad Agrawal has also been filed certifying that the will was executed by the deceased in the presence of witness, and that the deceased was having a sound mind and memory at the time of execution of will.;