Shiromani Gurdwara Prabandhak Committee v. State

1. The petitioner seeks probate of the document dated 1st March, 1988 as the validly executed last Will of the deceased Jagdish Singh @ Sant Jee, son of Sh. Hari Singh, ordinary resident of C-150, Tanki Road, Bhajan Pura, Delhi.

2. This petition was filed, pleading i) that the petitioner is a body corporate constituted under the provisions of the Sikh Gurdwaras Act, 1925 and manages and controls Darbar Sahib Amritsar and Akal Takhat Sahib, Amritsar, besides other religious places; ii) that the deceased Jagdish Singh died on 3rd March, 1988 in an accident in District Ettah (U.P.); iii) that the Will was got registered at Delhi after the death of the deceased Jagdish Singh; iv) that the deceased has left neither wife nor any child; and, v) that the deceased has bequeathed his assets in favour of the petitioner and the 2018:DHC:2378 petitioner is the beneficiary of the assets under the Will dated 1st March,

1988.

3. The petitioner along with the petition annexed the following list of near relatives of deceased Jagdish Singh:

┌──────────────────────────────────────────────────────────────────────────────┐
│            Sl.                   Name                Relationship with       │
│            No.                                          Jagdish Singh        │
├──────────────────────────────────────────────────────────────────────────────┤
│             1           Inder Kaur               Sister                      │
│             2           Bant Kaur @ Balwant Kaur Sister                      │
│             3           S. Pratap Singh          All sons of Gurdial Kaur,   │
│             4           S. Baldev Singh          deceased      sister   of   │
│             5           S. Gurbachan Singh       deceased Jagdish Singh      │
│             6           S. Billo                                             │
│             7           S. Gurbachan Singh       All sons of Amrit Kaur,     │
│             8           S. Gyan Singh            deceased      sister   of   │
│             9           Dr. Sujan Singh          deceased Jagdish Singh      │
│            10.          S. Ajit Singh                                        │
│            11.          S. Pritpal Singh         Nephew                      │
│            12.          Harbhajan Kaur           Daughter-in-law             │
│ 4.        The petitioner along with the petition also annexed the list of    │
└──────────────────────────────────────────────────────────────────────────────┘

44. Issues no.2 and 3 also are thus decided in favour of the petitioner and against the sole contesting objector.

45. The petition is thus allowed. I may however state that on a reading of Exhibit PW1/3, the present is not a case for grant of probate but for grant of Letters of Administration with copy of the Will annexed.

46. Accordingly, a Letters of Administration with Exhibit PW1/3 annexed thereto as the validly executed last Will of deceased Jagdish Singh @ Sant Jee, son of Sh. Hari Singh, ordinary resident of C-150, Tanki Road, Bhajan Pura, Delhi is ordered to be granted to the petitioner upon the petitioner depositing the requisite stamp duty and furnishing administration bond with one surety for the value of the property subject matter of Exhibit PW1/3. The petition is disposed of. No costs.

RAJIV SAHAI ENDLAW, J. APRIL 12, 2018 „gsr/bs‟..