Probate No. 3 of 2000 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Probate No. 3 of 2000 Date of decision: September 25, 2009 Sardar Jaswant Singh ........ Petitioner Versus The General Public and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Amit Sharma, Advocate for the appellant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. This is a petition under Section 278 read with Section 276 of the Indian Succession Act, 1925, for grant of letters of administration/probate of the Will dated 29.09.1998, executed by late Smt. Daropati widow of Late Sardar Ajit Singh, resident of Village Chhoker, Tehsil Phillaur, District Jalandhar. Notices of the petition were issued to the respondents. Respondent No.1, General Public, was served through publication in 'The Tribune' English daily. Publication was duly made in the Tribune. The petitioner, himself, was the attorney of respondent No. 3 (Nahar Singh), Probate No. 3 of 2000 2 therefore, notice was not required to be issued to respondent No. 3. Whereas, respondent No. 2, Gian Singh, was served through his attorney, namely, Balbir Singh. As per the office report, Balbir Singh, Attorney, refused to accept the notice and a copy thereof was affixed at his residence. Accordingly, respondent No. 2 was proceeded against ex parte. Counsel for respondent No. 3 did not wish to file written statement. As no objections were received from the General Public, the following issues were framed:- “1. Whether the Will dated 29.09.1998 (P-1), registered on 06.10.1998 is the last valid Will of late Smt. Daropati Devi? OPP. 2. Whether the petitioner is entitled to the relief prayed for? In evidence and to prove the Will in question, the petitioner produced the witnesses of PW1 - Jaswant Singh, PW2 - Inder Raj, PW3 - Santokh Singh and PW4 - Deepak. They tendered their respective affidavits by way of examination-in-chief. Affidavit tendered by PW1 – Jaswant Singh is taken on record as Ex. CM-4. Affidavit tendered by PW2 – Inder Raj, is taken on record as Ex. CM1. Affidavit tendered by PW3 – Santokh Singh is taken on record as Ex. CM2 and affidavit tendered by PW4 – Deepak is taken on record as Ex. CM3. Learned counsel for the appellant stated that name of Mr. Mukesh Gandhi, Advocate be deleted from the list of witnesses provided by him. No one appeared on behalf of respondents to cross examine the witnesses. The Will in question was not contested. The original Will dated 29.09.1998 was taken on record separately vide Civil Miscellaneous No. 22981 CII of 2009, which was ordered to be put in a sealed cover and kept in safe custody with the Registrar (Judicial) of this Court. The petitioner, Jaswant Singh, who appeared as PW1, tendered Probate No. 3 of 2000 3 his affidavit, Ex. CM4, stating that he is one amongst the three sons of late Smt. Daropati wife of Sardar Ajit Singh and that since his brothers live abroad, his mother, late Smt. Daropati Devi, used to live with him at Village Lohgarh during her last days. It is further states that she executed a Will dated 29.09.1998, which was registered on 06.10.1998 and that by virtue of the Will, he is entitled for grant of letters of Administration/Probate. PW 2, Inder Raj, tendered his affidavit, EX CM1, stating that he is one of the witnesses of the last Will and testament dated 29.09.1998 of Late Smt. Daropati wife of Ajit Singh. It is also stated that he was present and saw the testator affixing her thumb mark on the Will and was also present along with other witness at the time of registration of the Will, which was got registered before Joint Sub Registrar, Dera Bassi on 06.10.1998 against item No. 214 at page 14 of Book No. 24 of Ledger No. 3 in the presence of both the witnesses and deceased testator. PW 4, Santokh Singh, tendered his affidavit Ex. CM2, stating that he is one of the witnesses of the last Will and testament dated 29.09.1998 of Late Smt. Daropati wife of Ajit Singh. It is also stated by him that he was present, along with other witnesses at the time of registration of the Will, which was got registered before Joint Sub Registrar, Dera Bassi on 06.10.1998 against item No. 214 at page 14 of Book No. 24 of Ledger No. 3 in the presence of both the witnesses and deceased testator. PW-3 Deepak, Registry Clerk from the office of Joint Sub Registrar, Dera Bassi, Patiala, tendered his affidavit Ex CM3 stating that he is working as Registry Clerk in the office of Joint Sub Registrar, Dera Bassi, Mohali since November, 2007. It is also stated by him that as per the record available in the office of Joint Sub Registrar, Dera Bassi, Patiala (Now Mohali), the Will and testament of Smt. Daropati widow of Ajit Singh, has been registered on 06.10.1998 against item No. 214 at page 14 of Probate No. 3 of 2000 4 Book No. 24 of Ledger No. 3. No one has appeared either on behalf of Respondent No. 1, General Public, or Respondents No. 2 and 3 to contest the Will dated 29.09.1998. It is evident from the affidavit of the witness, namely, Inder Raj that the deceased testator late Daropati Devi, executed a Will by affixing her thumb mark on the Will in the presence of the two marginal witnesses. It is also evident from the affidavits that the Will in question was got registered before Joint Sub Registrar, Dera Bassi, on 06.10.1998. Thus, both the issues are accordingly decided in favour of the petitioner. There is no provision made in the Will for appointment of the executor and the petitioner is the only beneficiary of the testament, executed by the deceased testator. However, there being no opposition, letter of administration is to be issued in terms of provisions of the Indian Succession Act. In view of the foregoing discussion, the petition is allowed and the Registry is directed to issue a letter of administration of the Will dated 29.09.1998 in favour of the petitioner, in accordance with law, after payment of necessary Court fee. The original Will, which has been ordered to be put in a sealed cover and kept in the safe custody with the Registrar (Judicial) of this Court, shall be made available to the petitioner on demand, in accordance with law. (Nirmaljit Kaur) Judge September 25, 2009 mohan Probate No. 3 of 2000 5 C M No. 22981 CII of 2009 in Probate No. 03 of 2000 -.- Present: Mr. Amit Sharma, Advocate for the applicant/appellant -.- This is an application for placing on record the Original Will dated 29.09.1998. The Original Will dated 29.09.1998 is ordered to be placed on record. Let the same be put in a sealed covered and kept in safe custody with the Registrar (Judicial) of this Court. Civil Miscellaneous application stands disposed of. (Nirmaljit Kaur) Judge September 25, 2009 mohan