Sardar Iqbal Singh Kohli vs State
1998 Latest Caselaw 710 Del

JUDGMENT

M.S.A. Siddiqui, J.

1. This is a petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the Will dated 27th September, 1988 executed by Smt Sant Kaur Kohli.

2. The petitioner is one of the sons of the testator, namely, deceased Smt. Sant Kaur Kohli, who expired on 21st February, 1997. The testator Smt. Sant Kaur Kohli left behind her surviving four sons and three daughters, namely, Shri Tirlochan Singh, S. Swarnjit Singh, S. Surjeet Singh Kohli, S. Jagmohan Singh, Smt. Mohinder Kaur, Smt. Surinder Kaur, Smt. Kuljeet Kaur. The Will is stated to have been executed on 27th September, 1988. By the said Will the testator appointed the petitioner as the sole executor of the Will. At the time of her death, the testator was possessed of the following movable and immovable properties :

"MOVABLE PROPERTIES PRESENT ESTIMATED VALUE

Jewellery and Silver wares.

Rs. 9,95,000/-

Loan given to M/s Ashoka Glass Company Rs. 90,750/-

Cash in hand.

Rs. 5,000/-

Credit Balance in saving Bank A/c No. 31265 in PNB Janpath, Connaught Place, New Delhi. Rs. 31,493.46p

Silver Utensils weighting 21 Kgs. Rs. 1,47,000/-

House hold goods comprising of furniture and fixture & other Durable articles. Rs. 10,500/-

Personal effects comprising of shawls & tuss as etc. Rs. 10,000/-

Immovable Properties

Half share in Residential Property B-11, Greater Kailash-I, New Delhi." Rs. 10,00,000/-

According to Clause 5 of the Will dated 27th September, 1988, the testator bequeathed her properties, both immovable and movable, as under :

"5.1. My half share in residential property B-11, Greater Kailash-I, New Delhi would pass on to my son Shri Jagmohan Singh Kohli.

5.2. The plot at Ludhiana would pass on to my daughter Smt. Surinder Kaur. She is already in possession of the property and making use of it. AH taxes and levies in respect thereof are being borne by her,

6. Movable properties are divided as under:

6.1. Jewellery comprising of one pound necklace 139.500 gms is meant for my grand daughter Gunjan Kohli, daughter of S. Swaranjit Singh Kohli.

6.2. One Lachi Har weighing 81.500 gms. is meant for my grand daughter Miss Bandana Kohli, daughter of S. Swaranjit Singh Kohli.

6.3. Jewellery listed in Appendix-I has been handed over to Mrs. Gurtej Kaur wife of S. Swaranjit Singh Kohli. This is meant for her and is hereby bequeathed to her.

6.4. Jewellery listed in Appendix-II is meant for Smt. Manjit Kaur wife of S. Jagmohan Singh Kohli and is hereby bequeathed to her.

6.5. The household affects comprising of furniture, fixture and carpets or any other article belonging to me and lying in house No. B-11, Greater Kailash, New Delhi would pass on to my son S. Jagmohan Singh Kohli, inheriting the property.

6.6. Personal affects like Toosh Shawls, Dushala and Jamawar Shawls having significant antique value would pass on equally between my two grand daughters viz. Bandana Kohli and Gunjan Kohli only.

6.7. Out of my movable properties comprising of deposits, fixed deposits in banks, bank balances and cash, the debit balance against me in the firm M/s. R.S. Avtar Singh & Company would be cleared. Thereafter a sum of Rs. 31,000 /- be kept apart for charities which would be paid after my death to charitable institutions at the sole discretion of my eldest son S. Iqbal Singh Kohli. He would ensure mat the charities are disbursed within one year from the date of my death. The residual amount after discharging my debts, payment of taxes on my estate and taking care of other related outgoings including the earmarked portion for charity, the balance would be shared equally between my daughters viz. Smt. Mohinder Kaur, Smt. Surinder Kaur, Smt. Kuljeet Kaur and daughters of my sons viz. Gurmeen Kaur, Neelam Dhingra, Rupinder Kaur, Preetinder Kaur, Gunjan Kohli, Bandana, Chandrika and Tanya or any other female child or born to my sons in future.

Appendix I and II of the said Will are as under :

APPENDIX - T

FORMING PART OF THE WILL OF SMT. SANT KAUR KOHLI DATED 26.9.1988 RELATING TO JEWELLERY MEANT FOR SMT. GURTEJ KAUR WIFE OF S. SAWARANJIT SINGH KOHLI

S.No.

Description Gross weight (Gms)

1. One diamond cut chain 52.500

2. Nine Gold Meena Bangles 62.500

3. Two Gold Karas 55.000

4. Ond Kundan Har Set 100.00

5. One pair gold pyal 51.800

6. One pair Gold Valies 24.100

7. One pair Gold Jhumka 25.100

8. Silver Utensils 21.000kg.

9. 1 Gold enamelled D.Set 3 pcs 21.300

10. 1 D&E set 3 pcs 22.200

11. 1 pair D&E earings, W.M.

--

12. 1 pair Earings D&R WM

--

13. 1 Necklace and pair of Earings with D& Feroja WM

--

14. 1 D Ringh Solt

--

15. 1 enamelled Kada 20.200

16. 2 Gold Kadas 27.200

17. 2 Gold Bangles 25.600

18. 2 Gold Kadas 28.800

19. 1 Gold set 3 pcs 54.000

20. 1 Gold enamelled Necklace and 2 pair Vallis 26.500

21. 1 pcs of Kundan in 6 lari of P. string with pair of Earings Wax. 67.500

22. 1 gold set 3 pcs 27.000

23. 1 gold enemeller chain 16.200

24. 1 pair Vali Zhumka 20.600

25. 1 Gold enemeller Set 3 pcs 24.800

26. 1 Pendent Chain with P.

9.100

27. 1 pair Tops 10.100

28. 1 pair P. Studded Tops 13.200

29. 1 Gold Bracelet 8.100

30. 2 P. String 2 line each with hook 59.700

31. 1 P. String 3 line with hook 85.600

32. 4 Soverins 32.000

33. 1 white stone studded Kundan set P. in gold chains 90.000

APPENDIX -'II'

FORMING PART OF THE WILL OF SMT. SANT KAUR KOHLI DATED 26.9.1988 RELATING TO JEWELLARY MEANT FOR SMT. MANJEET KAUR WIFE OF S. JAGMOHAN SINGH KOHLI

S.No.

Description Gross weight (Gms)

1. Three Rings and Buttons 38.000

2. Twelve Bangles 135.000

3. One pair Gold Button and Ring 22.000

4. One Kundan Set 150.000

5. One diamond Ring in W.M.

Metal

3. The legal heirs of the testator, namely, S. Tirlochan Singh, S. Swaranjit Singh, S. Jagmohan Singh, S. Surjeet Singh, Smt. Mohinder Kaur, Smt. Surinder Kaur, Smt. Kuljeet Kaur have filed their affidavits in support of the petition filed under Section 276 of the Indian Succession Act. The petitioner has also filed his affidavit in support of the said Will. On 9th March, 1998, the attesting witness of the said Will Shri H.R. Sehgal has been examined and the Will has been marked as Ex. PW 1/1. On a consideration of the affidavit of the petitioner and the statement of the attesting witness Shri H.R. Sehgal, I am satisfied that the Will Ex. PW 1 /I is the last Will of the deceased Smt. Sant Kaur Kohli, who at the relevant time had a sound disposing state of mind. I am also satisfied that the Will Ex. PW 1/1 has been duly and validly executed and attested and that it is the legal declaration of the intention of the testator with respect to the aforementioned properties which she desired to be carried into effect after her death.

4. For the foregoing reasons, the petition is allowed under Section 276 read with Section 289 of the Indian Succession Act and the Probate is granted of the Will dated 27th September, 1988 in the Form set forth in Schedule VI of the Indian Succession Act.