Rabinder Singh Mathoda vs The State & Anr.
1999 Latest Caselaw 1004 Del

ORDER

Vikramajit Sen, J.

1. This is a petition for the grant of Letters of Administration under Section 270 of the Succession Act, in respect of the estate of S. Gurcharan Singh, who is stated to have executed his last Will and Testament on 8.1,1985 at Delhi. This Will has been attested not only by the witnesses mentioned therein but also by a Notary Public. Since no executor is named in the will the Petitioner, who is the maternal nephew of late S. Gurcharan Singh, and one of the legatees, has filed the present petition. The petition has also been signed by Shri Harjit Singh, one of the attesting witnesses, and has been supported by an affidavit of the Petitioner Objections dated 21.7. 1986,initially filed by Respondent No. 2. who is the widow of late S. Gurcharan Singh, were eventually withdrawn in terms of I.A. 9567/98, which was duly supported by an affidavit of Respondent No. 2 Consequent thereto there were no Objectors to the grant of probate of the said Will dated 8.1.1985.

2. The petitioner Shri Rabinder Singh Mathoda had appeared in the witness box and stated that late S. Gurcharan Singh was his maternal uncle. P.W. 1 Mr. Birinder Raj Singh, whose statement is contained in S. No. 2210/87, has deposed that on 8.1.1985 he was in Delhi and was asked to attest the Will by late S. Gurcharan Singh. He has stated that he did so. He has further stated that Mr. H.S. Bhatia was also present at that time. All three persons had signed at the same time. The Will was thereafter exhibited as Exhibit P-1. The statement of Shri Harjit Singh has also been recorded and he has supported the statement of Shri Birinder Raj Singh and he has deposed that Exhibit P-1 was signed by the deceased as well as Shri Birinder Raj Singh and himself in the presence of each other. Other witnesses had also been produced in order to prove the authenticity of the signatures of late S. Gurcharan Singh on Exhibit P-1.

3. Having considered the evidence on the record and the fact that there is no opposition to the grant of probate sought for, I am of the view that the Will dated 8.1.1985, Exhibit P-1, was executed by late S. Gurcharan Singh in accordance with law and that it is his last Will and Testament.

4. On the averments contained in the petition it has been established that at the time of his death, S. Gurcharan Singh had affixed place of abode in Delhi. Since there is no contention against the application for grant of Letters of Administration, which has been signed and verified as envisaged by law, the petition is allowed. Probate of the 'Will' dated 8.1.1985 is permitted to be granted to the petitioner subject to petitioner furnishing requisite Court fee and Administration Bond with one surety of the like amount.