Full Text
TEST.CAS. 88/2008
COLONEL HARPREET SINGH SETHI
Through: Ms. Rashmi Bansal, Advocate. ..... Petitioner t
VEISUS
THE STA'IE AND ANR. ..'.. Respondents
Through: Ms. Geeta Mehrotra, Advocate.
ORDER o 16.02.2010 The present petition seeks probate in respect of the Will of late Narindarjit Singh
Sethi who died on 6.4.2001 at Apollo Hospital. The Will is dated 1.9.1989. T'he petitioner and respondentNo.2 arethe sons of the said late Shri Sethi (hereafterreferred to as "the Testator"). They have also been mentioned as legatees in the Will. The petitioner has been named as executor of the Will.
JUDGMENT
2. The petition annexes the Will which makes disposition in respect of a flat being No.701, HIG, Phase-l, PUDA, Patiala and other properties mentioned in Schedule-A. It is stated that at the time of his death, the testator lived within the jurisdiction of this Court; the address is mentioned in paragraph-4 of the petition.
3. The petitioner contends that the testator's wife Mrs. Mohinder Sethi had expired on 15.3.1982. A copy of the death certificate has been enclosed. At the tirne of his I 2010:DHC:15445 \q a death, he was survived by two representatives i.e. the petitioner and the second respondent. It is also stated that there is no other heir. The petitioner has valued the properties which are the subject matter of the bequest.
4. In support of the petition, the attesting witnesses - Cdr. Uday Devinder Belapurkar and CMDE Suresh Kumar Sawheny, deposed as PW-2 & PW-3 through affidavits which were subsequently tendered as evidence as Ex. PW-2/A and Ex. PW-3/A. Both of them deposed being the attesting witnesses to the Will dated 1.9.1989 which was exhibited as PW-1/9. The said witnesses testified their presence at the time the Will was executed on 1.9.1989 and having'witnessed the testator signing it and also having signed on the said Will in the presence of the testator and each other. They identified their respective signatures as well as that of the testator, fixed upon the Will. The petitioner too deposed as PW-1 and his affidavit was taken on record as Ex. PW-1/A.
5. The respondent No.2 CDR M.S. Sethi filed an affidavit on 20.03.2009 stating that he has no objection if probate was granted to the petitioner. The Will also nominates him as a co-legatee.
6. It is evident from the above discussion that the materials on record establish that the testator had signed the Will Ex. PW-1/9 on 1.9.1989; it was in the presence of two attesting witnesses - PW-2 and PW-3. The pleadings as well as the affidavit evidence suggest that aside from the petitioner and respondent No.2, there is no other surviving legal heir who can claim any right in respect of the estate of the said late testator. The Will is also holographic one written in the handwriting of the testator and spoken to as such by the two attesting witnesses. The testator lived with the jurisdiction of the Court. In these circumstances, the Court is satisfied that there is no impediment on thd grant of I \( the relief in the present case.
7. In view of the above discussion, the petition is entitled to succeed. Let a probate be issued in respect of the Will Ex. PW-1/9 dated 1.9.1989, subject to the valuation repoft of the concerned revenue authorities, and subject to the petitioner furnishing administration and surety bond. List before the Joint Registrar on 15th March, 2010 to ensure that the formalities i.e. receipt of valuation report and acceptance of the administration and surety bond, are completed. TEST.CAS. 88/2008 is allowed, subject to the above terms. I F'EBRUARY 16,2O1O lvd/ l^Atu,
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