C.R.No.403 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.403 of 2009 Date of Decision : 06.10.2009 Anand Kumar Jain and another ...Petitioners Versus Smt. Bimla Jain and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. C.B.Goel, Advocate, for the petitioners. Mr. Y.K.Sharma, Advocate, for respondent No.1. HEMANT GUPTA, J. (ORAL) Challenge in the present revision petition is to the order passed by the learned trial Court on 20.11.2008, whereby an application filed by the petitioners for dismissing the petition under Section 276 of the Indian Succession Act, 1925 (for short 'the Act'), was dismissed. The ground to seek the dismissal of petition under Section 276 of the Act is that there is no executor appointed in the Will dated 9.1.1981. Therefore, in terms of Section 222 of the Act, the respondents are not entitled to seek probate of the aforesaid Will. The argument raised by the learned counsel for the petitioner is misconceived. In the absence of any executor nominated in the Will, the competent Court is to grant letters of administration in terms of Section 232 of the Act. Probate is to be granted when executor is named in the Will. When there is no executor in the Will the letters of administration is to be granted in terms of Section 276 of the Act. C.R.No.403 of 2009 2 In view of the said fact, I do not find any patent illegality or irregularity in the order passed by the learned trial Court, which may warrant interference by this Court in the present revision petition. Dismissed. 06.10.2009 (HEMANT GUPTA) Vimal JUDGE