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2007 DAILYLAW 2344 (DEL)

GURMOHINI v. STATE

2007-09-18

Sanjay Kishan Kaul

body2007
SANJAY KISHAN KAUL, J. ( 1 ) THE petition has been filed under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration with a copy of the Will annexed in respect of last Will and testament of late Mrs Kuldip Kaur. It is stated that ms. Kuldip Kaur was residing in Delhi when she passed away on 05. 04. 1993 and left behind her last Will and testament dated 06. 04. 1968 bequeathing her interest in property C-560, New Friends Colony measuring 500 square yards to ms. Kawaljit and the petitioner in equal shares. The petitioner is stated to be the real niece of the testator (daughter of the real brother of the testator ). Similarly Ms. Kawaljit Kaur Mehta is also stated to be the niece (daughter of the sister of the testator, Ms. Paramjeet Kaur ). The deceased got married in 1930 to one Mr. Sodhi Kartar Singh. There were matrimonial discord inasmuch as Mr. Sodhi Kartar Singh is stated to have joined the company of another woman. There were no children borne out of that wedlock and the testator is stated to have been looked after by her immediate relations being the said beneficiaries under the Will. ( 2 ) THE Will in question is registered and is signed by Mr. Manmohan Kalra and Mr. Davinder Kumar Vij as the attesting witnesses. The father of the testator was also a practising advocate. A certified copy of the Will has been filed as also the death certificate of the testator. The Original Will is stated to be on the records of the case pertaining to FIR No. 534/1999. ( 3 ) THE statement of Sub Inspector Pradeep Kumar was recorded on 18. 11. 2005 that he had produced the record pertaining to the said FIR which was pending trial in the Court of Digvinay Singh, MM, Patiala House. The Will seized by the IO had been filed along with the documents in the Criminal Court. The petitioner has filed her affidavit of evidence claiming to be the nearest legal heir who is the beneficiary under the Will. A copy of the death certificate has been proved as expw1/1 and the certified copy of the Will as PW1/2. The General Power of attorney in favour of Mr. S. C. Ladi for institution of the petition has been proved as Expw1/3. A copy of the death certificate has been proved as expw1/1 and the certified copy of the Will as PW1/2. The General Power of attorney in favour of Mr. S. C. Ladi for institution of the petition has been proved as Expw1/3. A separate affidavit has also been filed by Sh. S. C. Ladi, attorney of the petitioner. ( 4 ) THE probate petition is supported by affidavits of one of the attesting witnesses Sh. Devender Kumar Vij who has verified to the testator signing in his presence as also in the presence of the other witness Mr. Manmohan Kalra. Mr. Manmohan Kalra is stated to have signed in the presence of the testator as also in the presence of Mr. Vij and Mr. Vij has certified that he is the other attesting witness. One of the beneficiaries, Ms. Kawaljit Kaur, passed away on 10. 08. 1995 and her legal representatives were brought on record in terms of order dated 24. 11. 2004 The order dated 14. 02. 2005 notes that all the relations as well as the Chief Revenue Controlling Authority have been served and the citation has been published. No objections have been filed either by the public at large or any of the relations. ( 5 ) LEARNED counsel for the petitioner contends that since the affidavit of one of the attesting witness is available on record and there is no contest to the will, there is no need of recording any further testimony either of that attesting witness or the second attesting witness since the law requires testimony of one attesting witness. ( 6 ) LEARNED counsel for the petitioner further submits that the letters of administration be granted with a copy of the Will annexed since the Will is duly registered and the Original Will is lying in the criminal courts. ( 7 ) IN view of the aforesaid position, the letters of administration are granted in respect of the last Will and testament of Ms. Kuldip Kaur dated 06. 04. 1968 of the deceased-testator Ms. Kuldip Kaur with a copy of the Will annexed. Same be issued on the petitioner filing the requisite stamp paper. ( 8 ) THE petition stands disposed of. IA No. 6923/2005 dismissed as infructuous.