Ranchi, June 13: The Jharkhand High Court at Ranchi has allowed a probate petition concerning the last Will of late Sitaram Lohia, confirming Biren Poddar as the executor of the estate. The judgment was delivered by Justice Sanjay Kumar Dwivedi in Probate Case No. 01 of 2012.
The case revolved around the Will dated 7 April 2008, through which Lohia had distributed his properties situated in Ranchi, New Delhi and Rajasthan. He passed away on 21 April 2008. Initially, Binod Poddar and Biren Poddar were named as executors, but following the death of Binod Poddar, Biren Poddar continued as the sole executor.
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During the proceedings, the court ensured compliance with legal formalities under the Indian Succession Act, 1925. Citations were published in newspapers and notices were pasted at conspicuous public places in Ranchi, New Delhi and Sikar, Rajasthan, to invite objections from interested parties. The Will was duly proved through the deposition of witnesses and documentary evidence, including the death certificate and attested thumb impression of the testator.
The Will distributed significant assets, including a flat in New Delhi to the daughter-in-law Alka Lohia, land at Tatisilwai in Ranchi to Samir Lohia, a flat in Radium Court at Ranchi to Rinkoo Lohia, and the ancestral haveli at Laxmangarh in Rajasthan to Sanjay Lohia.
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Importantly, none of the legal heirs contested the authenticity of the Will. Written statements filed by Sushil, Shekhar, and Sanjay Lohia, along with daughters Renu Rajgaria, Rekha Goenka, Uma Kanoria and Anita Ghuwalewala, clearly supported the grant of probate in favour of Biren Poddar.
While pronouncing the order, the court referred to the Supreme Court precedent in Ishwardeo Narain Singh vs. Kamta Devi (1953), which clarified that the role of a probate court is limited to determining whether a Will was validly executed by a person of sound mind, and not to decide on ownership or disputes over property titles. Justice Dwivedi observed:
"The probate court does not decide any question of title or of the existence of property itself. Its concern is only with the due execution and validity of the Will."
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In light of the unchallenged evidence and the consent of all legal heirs, the court found no impediment in granting probate. Concluding the matter, Justice Dwivedi allowed the petition, stating that the Will dated 7 April 2008 stands probated in favour of executor Biren Poddar, who will act in terms of the Will.
The office has been directed to complete formalities in accordance with law.
Case Title: Biren Poddar vs. General People of Locality of Hindpiri, Ranchi
Case No.: Probate Case No. 01 of 2012
