IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Probate No.7 of 2008 DATE OF DECISION : July 3,2009 Mrs. Gurjeet Sidhu .......Petitioner versus General Public and Ors. ......Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR PRESENT: Ms. Harpreet Kaur Dhillon, Advocate for the petitioner. Ms. Geeta Sharma, Advocate for the respondents. NIRMALJIT KAUR, J. This is a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate of the Will of late AVM Harbinder Singh Sidhu, who died on 17-10-2002. On 21-10-2000, AVM Harbinder Singh Sidhu executed his last Will and testament in the form prescribed by the Air Force Authorities which was duly attested by Wing Cdr. R.S. Yadav (14036) and Sq. Ldr. T.P. Vyas (18315-K), vide which he bequeathed his entire property, both movable and immovable property, wheresoever and of whatever nature and quality so ever to his wife Gurjeet Sidhu. The original Will was retained by the Air Force Authorities and was appended as Appendix A to AFO 303/76 along with Form A i.e. nomination for death cum retirement grants dated 21-10-2000, in the service file of the deceased. Gurjeet Sidhu widow of AVM Harbinder Singh Sidhu has filed Probate No.7 of 2008 -2- the present petition to prabate the last Will and testimony dated 21-10-2000 in her favour. AVM Harbinder Singh Sidhu died on 17-10-2002 at Fortis Hospital, Mohali, leaving behind his widown Gurjeet Sidhu and three daughters, Gagandeep Kaur, Ritinder Kaur and Aminder Kaur. The true copy of the death certificate is on record. AVM Harbinder Singh Sidhu executed a Will, in question, on 21-10-2000 when he was posted at Nagpur, in the form, prescribed by the Air Force Authorities. The same was attested by the Wg. Cdr. R.S. Yadav (14036) and the Sqn. Ldr. T.P. Vyas (18315-K). The original Will dated 21-10-2000 has been attached with the petition as P-2. The Will was supplied to Gurjeet Sidhu by the Air Headquarters, Vayu Bhavan, New Delhi on 10-06-2008. Direction to publish the notice in the Tribune (English Edition) as also Punjab Kesri (Hindi Edition) was duly given. Notice published in the Tribune (English Edition) Chandigarh dated 15-09-2008 as well as in Punjab Kesri (Hindi Edition), Ludhiana dated 13-09-2008 have been placed on record as Mark `A' and `B', respectively. Respondents no.2 to 4 put in appearance through their counsel Ms. Geeta Sharma who stated that they did not wish to file written statement as she had instructions to State that the Will dated 21-10- 2000 is the last valid Will of Air Vice Marshal Mr. H.S. Sidhu. Accordingly, the following issue was framed :- “(i) Whether the Will dated 21-10-2000 is the last valid Will of Air Vice Marshal Mr. H.S. Sidhu. OPP?” Petitioner-Gurjeet Sidhu widow of late Air Vice Marshal Harbinder Singh Sidhu, in order to prove the Will, has appeared hereself as PW-1 and tendered her evidence by way of affidavit dated 16-02-2009 as Exhibit PA. She also tendered the original Will in vernacular dated 21-10-2000 as Ex.P-1. The petitioner also examined Wing Probate No.7 of 2008 -3- Commander R.S. Yadav (Retired) son of Randhir Singh (PW-2) and Wing Commander T.P. Vyas son of Y.R. Vyas (PW-3) who appeared and tendered their evidence by way of affidavit dated 16-02-2009 as Exhibit PB and PC, respectively. Gurjeet Sidhu widow of late Air Vice Marshal Harbinder Singh Sidhu stated on affidavit that her husband AVM H.S. Sidhu died on 17-10-2002 leaving behind her, the deponent and three daughters, namely, Aminder Kaur, Ritinder Kaur and Gagandeep Kaur. Her husband AVM H.S. Sidhu had executed his last Will on 21-10-2000 when he was posted at Nagpur, in the form prescribed by the Air Force Authorities, which was duly attested by the then Wing Cdr. R.S. Yadav (14036) and the then Sq. Ldr. T.P. Vyas (18315-K) vide which he bequeathed his entire property, both movable and immovable, whatsoever, wheresoever and of what nature and quality so ever to her, and appointed her as sole executor of the Will. The original Will dated 21-10-2000 has already been attached with the petition as part of Annexure P-2 and its photocopy is being filed here along with the affidavit. The Will was supplied to her by the Air Force, Headquarters on 10-06-2008. She recognise the signatures of her husband on the Will. PW-2 Wing Commander R.S. Yadav (Retd.) son of Randhir Singh resident of House No.812, Jalvayu Towers, Sector 56, Gurgaon stated on affidavit that he was posted as Wing Commander at Nagpur in the year 2000. AVM H.S. Sidhu was his fellow officer and was also posted at Nagpur in the year 2000. PW-3 Wing Cdr. T.P. Vyas son of Y.R. Vyas resident of 2-SA-8 Partap Nagar, Jodhpur, Rajasthan stated on affidavit that he was posted as Sq. Ldr. at Nagpur in the year 2000. AVM H.S. Sidhu was his fellow officer and was also posted at Nagpur in the Probate No.7 of 2008 -4- year 2000. Air Vice Marshal Harbinder Singh Sidhu executed a Will on 21-10-2000 at Nagpur. Thus, both the witnesses PW-2 Wing Commander R.S. Yadav (Retd.) and PW-3 Wing Cdr. T.P. Vyas have proved the Will. Air Vice Marshal Harbinder Singh Sidhu executed a Will on 21-10-2000 at Nagpur. Both PW-2 Wing Commander R.S. Yadav (Retd.) and PW-3 Wing Commander T.P. Vyas have stated in the affidavit that AVM H.S. Sidhu & they themselves were present when the said Will dated 21-10-2000 was executed by AVM H.S. Sidhu. AVM H.S. Sidhu appended his signatures to the Will in their presence. In the presence of AVM H.S. Sidhu and in the presence of each other, both PW-2 and PW-3 appended their signatures to the Will as witnesses. They have seen the photocopy of the said Will dated 21-10-2000 (the original Will is attached with the petition). They recognize the signatures of AVM H.S. Sidhu, their own as well as of each other. A photocopy of the said Will was attached with their affidavits. After executing the said Will, AVM H.S. Sidhu submitted it to his Office as per the requirements of AIR Force Instructions. Due opportunity was granted to respondents No.2 to 4 to cross-examine the witnesses. The witnesses were not examined despite due opportunity and in fact, it was stated by the learned counsel that she had instructions to State that the Will dated 21-10-2000 is the last valid Will of Air Vice Marshal Mr. H.S. Sidhu. Learned counsel for the respondents also stated at bar that the respondents do not want to lead any evidence and the evidence, in this regard, be closed. The evidence of the respondents was, accordingly, ordered to be closed vide order dated 25-05-2009. No other person from the General Public has Probate No.7 of 2008 -5- come forward to file any objection. The facts, narrated above, are self explanatory. Two witnesses, namely, PW-2 Wing Commander R.S. Yadav (Retd.) son of Randhir Singh and PW-3 Wing Cdr. T.P. Vyas have appeared and tendered their evidence through affidavit and admitted that AVM Harbinder Singh had signed in their presence. Each of the two witnesses had appended their signatures on the Will as witnesses in the presence of each other as well as in the presence of AVM H.S. Sidhu. It was further submitted in the affidavit that after executing the said Will, AVM Harbinder Singh submitted the same to his Office as per the requirement of Air Force instructions. It is further stated that they had seen the photocopy of the original Will dated 21-10-2000 and they recognize the signatures of AVM H.S. Sidhu as well as their own signatures and that of their other witnesses. PW-1 has also appeared and tendered her evidence in the form of affidavit. Thus, the Will dated 21-10-2000, placed as P-2, is not disputed and in fact, duly admitted on behalf of the three daughers of the deceased that the Will dated 21-10-2000 is the last valid Will of Air Vice Marshal Harbinder Singh Sidhu. The only issue, is therefore, decided in favour of the petitioner. In view of the above facts and circumstances and keeping in view that there is no opposition to the grant of probate of the Will dated 21-10-2000 and the counsel appearing on behalf of all the three daughers of the deceased have stated that the Will may be accepted, the present petition under Section 276 of the Indian Succession Act, 1925 for grant of probate of the Will of late AVM Harbinder Singh Sidhu is allowed in favour Probate No.7 of 2008 -6- of Gurjeet Sidhu wife of late Air Vice Marshal Harbinder Singh Sidhu resident of House No.34, Sector 11-A, Chandigarh.The Registry to issue probate of the Will in accordance with law and after payment of necessary Court fee. (NIRMALJIT KAUR) JUDGE July 3, 2009 gurpreet Whether to be referred to the Reporter : Yes / No