EXAMINATION-IN-CHIEF ON AFFIDAVIT OF THE ATTESTING WITNESS, SANJIB KUMAR SINGH

 

DISTRICT: SOUTH 24 PARGANAS

IN THE COURT OF THE LEARNED DISTRICT JUDGE AT ALIPORE

SOUTH 24 PARGANAS

 

ACT 39 PROBATE CASE NO. 73 OF 2023

 

IN THE GOODS OF:

JAYARAMAN VISALAKSHI, DECEASED

In the matter of an application under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the last Will and Testament dated 15 December 2019 of Jayaraman Visalakshi, wife of Late Subramanian Jayaraman, deceased;

AND

Shri Ashok Kumar Singh, son of Shri Ramakant Singh, residing at Premises No. 100, Ramkrishna Nagar, Garia, Kolkata - 700084, District South 24 Parganas.

... Applicant/Petitioner/Executor

 

EXAMINATION-IN-CHIEF ON AFFIDAVIT

OF THE ATTESTING WITNESS, SANJIB KUMAR SINGH

 

I, Sanjib Kumar Singh, son of Sri Dan Bahadur Singh, aged about _____years, by faith Hindu, by Occupation Service, residing at Premises No. 16C, Rupchand Mukherjee Lane, Kolkata - 700025, do hereby solemnly affirm and state as follows;

 

1. I am one of the attesting witnesses to the last Will and Testament dated 15 December 2019 executed by the deceased testatrix, Jayaraman Visalakshi, wife of Late Subramanian Jayaraman. I am competent to depose to the execution and attestation of the said Will.

 

2. I knew the testatrix, Jayaraman Visalakshi, during her lifetime and was acquainted with her. I am therefore able to identify her and her signature appearing upon the Will propounded in this proceeding.

 

3. On 15 December 2019, I was personally present when the testatrix executed the said Will. The testatrix signed the Will in my presence and in the presence of the other attesting witness, Smt. Priyanka Singh, wife of Shri Sanjib Kumar Singh and daughter of Late Lal Sahab Singh, residing at Premises No. 16C, Rupchand Mukherjee Lane, Kolkata - 700025.

 

4. Before signing, the contents of the Will were read over and explained to the testatrix, and she appeared to understand the nature and effect of the testamentary dispositions contained therein. She thereafter signed the Will voluntarily as and for her last Will and Testament.

 

5. At the time of execution of the Will, the testatrix was conscious, alert and in a sound and disposing state of mind. She understood what she was doing and executed the Will of her own free volition, without any coercion, undue influence, fraud, misrepresentation or pressure from any person, so far as I observed.

 

6. After the testatrix had signed the Will, she acknowledged her signature before me and the other attesting witness and requested us to attest the Will as witnesses.

 

7. Pursuant to the testatrix's request, I affixed my signature to the Will as an attesting witness in her presence. The other attesting witness, Smt. Priyanka Singh, also affixed her signature to the Will in the presence of the testatrix. We signed in the presence of each other, and the testatrix was present throughout the execution and attestation.

 

8. The original Will dated 15 December 2019 now shown to me is the same Will that was executed by the testatrix and attested by me and the other attesting witness. I identify the signature of the testatrix thereon, my own signature as an attesting witness, and the signature of the other attesting witness, Smt. Priyanka Singh. The said original Will may be marked as Exhibit.

 

9. The testatrix executed the Will in the manner stated above in my presence. I had seen her sign the instrument and I signed it with the intention of attesting her execution thereof.

 

10. By the Will dated 15 December 2019, the testatrix appointed Shri Ashok Kumar Singh as the executor. The Applicant/Petitioner before this Learned Court is the said executor named in the Will.

 

11. The testatrix subsequently died on 31 January 2023. The present proceeding has been instituted for grant of Probate of the said Will dated 15 December 2019 in favour of the executor named therein.

 

12. To the best of my knowledge and from what I personally witnessed at the time of execution, the Will dated 15 December 2019 was duly and validly executed and attested in accordance with law and represents the free testamentary act of the deceased testatrix.

 

13. I make this affidavit in proof of the execution and attestation of the last Will and Testament dated 15 December 2019 and respectfully pray that the same be accepted in evidence and that the Will be admitted to Probate in accordance with law.

 

The statements made in paragraphs 1 to 13 above are true to my personal knowledge, save those expressly stated to be based on information or records, which I believe to be true.

 

 

 

 

DEPONENT

Identified by me,

 

Advocate

 

Notary