S. Waryam Singh And Anr. vs State And Ors.
1993 Latest Caselaw 410 Del

JUDGMENT

Sat Pal, J.

(1) This is a petition under Section 276 of the Indian Succession Act for grant of probate of the Will dated 5th August, 1988 executed by late Ms. Jaswant Kaur.

(2) The brief facts of the case are that the petitioners herein are the brothers of late Ms. Jaswant Kaur. The deceased Jaswant Kaur had executed a Will dated 5th August, 1988 in accordance with law. In the Will itself the deceased had mentioned 9 persons including the two petitioners as her legal heirs. The Will is duly registered with the Sub-Registrar of Documents, Delhi. The original Will itself has been filed Along with petition and the same is Ex.PW 1/1. The schedule of properties and estate of the deceased Jaswant Kaur has also been annexed Along with the Will and the same is Ex.PW 2/2. Along with the petition the death certificate of deceased Jaswant Kaur has been filed and the same is Ex.PW 2/1. The Will of the deceased has nominated S.Waryam Singh Lamba and S. Amarjit Singh Lamba (petitioners herein) as executors of the estate of the deceased for the purposes of this Will.

(3) The petition was registered and the notice was issued to the Chief Revenue Controlling Authority, Counsel for the State and to the near relatives of the deceased mentioned in annexure 2 annexed to the petition. Citation was also directed to be issued for publication in the daily Statesman (New Delhi edition). Pursuant to the aforesaid notice relations mentioned in annexure 2 of the petition, Chief Revenue Controlling Authority and State through Counsel have been served. Notice has also been published in the newspaper Statesman dated 29th October, 1991 and copy of the newspaper containing the citation in question is also on record. Relations have filed their reply by way of no objection stating that they have no objection to the grant of the probate in favor of the petitioners.

(4) The evidence in the matter was recorded. Shri Gyan Chand Mehra, who is an attesting witness, in his statement has proved the execution of the Will Ex.PW 1/1. He has proved the signatures of the deceased Jaswant Kaur and also signatures of the attesting witnesses including his own signatures. He has also stated that the Will was signed by the executant in proper state of mind.

(5) Statement of Shri Waryam Singh Lamba who has been named as one of the executors of the Will was also recorded and he stated that he was the brother of the deceased and he reiterated that the deceased had executed the Will Ex. Pw 1 /1 on 5th August, 1988 and she died on 6th April, 1989. He has proved the death certificate Ex. Pw 2/1. He also deposed that the relations of the deceased mentioned in the Will Ex.PW 1/1 have been correctly stated in the Will and the movable and immovable property mentioned in the Will and in the schedule annexed to the will have been correctly stated. He further stated that he was one of the executors as mentioned in the Will and he would deal with the property as per desire of the deceased.

(6) I have heard the learned Counsel for the parties. In view of the averments made in the petition, no objection given by the near relatives and the statements of the witnesses recorded on 13.7.93, the petition is allowed. The probate is granted to the petitioners in respect of the Will dated 5th August, 1988, Ex.PW 4/ 1 subject to their furnishing valuation report, requisite Court fees and administrative bond with one surety in accordance law. Probate granted.