Delhi High Court
Shri Sarup Singh vs State & Others on 10 February, 2009
Author: Rekha Sharma
UNREPORTABLE
* IN THE HIGH COURT OF DELHI AT NEW DELHI
TEST. CAS. No. 55/2007
Date of Decision: February 10, 2009
SHRI SARUP SINGH ..... Petitioner
Through Ms. Zubeda Begum, Advocate
VERSUS
STATE & OTHERS ..... Respondents
Through Ms. Maldeep Sidhu, Advocate
for respondents No.2 to 9.
Mr. Subhash Chander for Ms. Sonia Sharma,
Advocate for respondent No.1.
CORAM:
HON'BLE MS. JUSTICE REKHA SHARMA
1. Whether the reporters of local papers may be allowed to see the
judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported in the „Digest‟? No
REKHA SHARMA, J.
This is a petition by Sarup Singh under Section 278 of the Indian
Succession Act, 1956 for grant of probate/Letters of Administration in
respect of the Will of Late Sardar Jasbir Singh. The said Sarup Singh
has been appointed executor in the Will and is also one of the
beneficiaries under the Will.
It is stated in the petition that Sardar Jasbir Singh was a
permanent resident of Delhi, living at 12-A, Tilak Marg, New Delhi. In
January, 2007, he went to Chandigarh (Punjab) where he unfortunately
expired on January 22, 2007 at Silver Oaks Hospital, District Mohali,
Punjab. He died a bachelor and thus did not leave behind any class-I
legal heirs. However, he left behind his nieces and nephews, who are
the children of his sister Jaswant Kaur and brother Harcharan Singh
who too have died. These children fall in the category of Class-II heirs
and their names are as under:-
1) Shri Birender Singh Malhans, Son of Gen. Joginder Singh.
2) Satinder Kaur, Daughter of Gen. Joginder Singh.
3) Jasbir Kaur, Daughter of Gen. Joginder Singh
4) Sarup Singh, Son of Gen. Joginder Singh.
5) Jasmohinder Kaur, Wife of Capt. R S Sodhi.
6) Jatinder Kaur, Daughter of Brig. Gurbax Singh.
7) Jaivir Singh, Son of Brig. Gurbax Singh.
8) Iqbal Singh Chahal, Son of Harcharan Singh.
9) Jasrayman Kaur Lehal, Daughter of Late S Harcharan
Singh.
The deceased had following assets in his name which he has
bequeathed to his aforementioned nieces and nephews through and in
the manner indicated in the Will dated December 30, 2006:-
ANNEXURE A-1
a) Savings Account No.522-1-098164-0 situated
in Standard and Chartered Bank, Barakhamba
Road, Narain Manzil, New Delhi-11.
Amount as on May 5, 2007 Rs.505261.57
Nominee Mr. Himmat Singh
b) Fixed Deposit No.52232556381 situated
in Standard and Chartered Bank,
Barakhamba Road, Narain Manzil,
New Delhi -11. Rs.15,00,000/-
Date of maturity is 5.10.2007.
c) Savings account No.02070100008868
situated in UCO Bank, Supreme Court
Compound, Bhagwan Dass Road,
New Delhi.
Amount as on 4.5.2007 Rs.3,79,096.57
d) RBI Bonds issued by HDFC Bank,
Present values of the Bonds is Rs.14,00,000/-
The nominee is Mr. Himmat Singh.
e) One Gypsy Car Rs. 60,000/-
------------------------------
Rs.38,44,358.14
-----------------------------
Notice of the petition was issued to the aforementioned legal
heirs of the deceased. A proclamation qua the estate of the deceased
was also published in the newspapers, "Statesman" (New Delhi
Edition) and "Patriot" (Chandigarh and Chennai Edition) for the
information of the public at large inviting objections if any. All the legal
heirs except Jasmohinder Kaur filed their reply to the petition stating
therein that they had no objection to the grant of probate. They also
filed their respective affidavits to the same effect. Subsequent to the
filing of reply by respondents No.1 to 4 & 6 to 9, respondent No.5 too
entered appearance through her counsel and adopted the same reply
as was filed by the other legal heirs. Thus, she also gave her no
objection to the grant of probate.
The petitioner to prove the Will filed his affidavit by way of
evidence dated August 11, 2008 and therein has reiterated the
averments made in the petition. He also entered the witness box and
proved his affidavit as Ex.PW1/A, identified the signatures of the
testator of the Will, S.Jasbir Singh at point `A‟ and proved the original
Will as Ex.PW2/A. He also proved the death certificate of S.Jasbir Singh
as Ex.PW2/1.
There were two attesting witnesses to the Will, namely
Shri Vasdev Singh and S.Ajaib Singh Bagga. One of them namely
S.Ajaib Singh Bagga died during the pendency of the present
proceedings, while the other Shri Vasdev Singh due to old age was
unable to personally appear in the Court to give evidence. He,
however, filed his affidavit by way of evidence dated August 19, 2008.
He was also orally examined by a Local Commissioner Arati Mahajan
before whom he deposed that on December 30, 2006, on which date
the Will in question was executed by S.Jasbir Singh, he was present
there along with Ajaib Singh Bagga and they both witnessed S.Jasbir
Singh executing and signing the Will. He also deposed that S.Jasbir
Singh was of sound disposing mind, mentally alert and otherwise
healthy at the time of execution of the Will. He further deposed that he
was familiar with the signatures of S.Jasbir Singh and S.Ajaib Singh
Bagga. As per him, S.Jasbir Singh first read the will and then signed
the same in his presence and in the presence of S.Ajaib Singh Bagga
and both he and S.Ajaib Singh Bagga also signed as attesting
witnesses to the will in the presence of each other and in the presence
of S.Jasbir Singh. He proved the will Ex.PW2/1.
In view of what has been noticed above, it stands proved from
the testimony of the petitioner as well as the attesting witness
Shri Vasdev Singh that the Will Ex.PW2/1 was duly executed by Late
S.Jasbir Singh while he was in sound disposing mind. I, therefore,
accept the will Ex.PW2/1 executed by Late S.Jasbir Singh and grant
probate of the same to the petitioners in terms of Annexure-A1 in
respect of the properties mentioned therein subject to furnishing
Valuation Certificate from the Collector in respect of all the properties,
payment of court fee thereon, administration bond and surety bond.
The petition is disposed of.
REKHA SHARMA, J.
February 10, 2009
GN
