IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Probate No.5 of 2007 DATE OF DECISION : July 9,2009 Vijay Deep Singh .......Petitioner versus General Public and Ors. ......Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR PRESENT: Mr. B.S. Sewak, Advocate for the petitioner. Mr. K.P.S. Sandhu, 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 Sardarni Balbir Kaur w/o Jagat Singh r/o House No.30, Sector 65, S.A.S. Nagar, Mohali, who died on 03-10-2007, leaving behind three daughters, namely, Jagdeep Kaur, Balwinder Kaur, Urvinder Kaur and one son Vijay Deep Singh. Copy of the death certificate has been placed on record as Annexure P-1. Sardarni Balbir Kaur executed a Registered Will in favour of the petitioner-Vijay Deep Singh. The original copy of the Will has been placed on record as Exhibit P-1. The Will was executed by late Sardarni Balbir Kaur, in the presence of two witnesses, namely Jagmohan Singh Chaudhary, Senior Advocate, resident of House No.74, Sector 8-A, Chandigarh and Hardayal Singh, Numberdar, Village Gharruan, Tehsil Kharar, District Mohali. Vide Probate No.5 of 2007 -2- this Will, the following property has been bequeathed in the name of her son Vijay Deep Singh son of Jagat Singh :- i) House No.30, Sector 65, Mohali ii) Flat No.21/804, Mayur Vihar, Delhi to the extent of ½ share allotted by Saraswati Kunj, Co-operative Group Housing Society Ltd., 458, Phase-I, Pocket No.4, Mayur Vihar, Delhi. iii)Jewellery, Bank Accounts A/c No.0095000100502255 Punjab National Bank, Sector 22-D, Chandigarh, wherein terms of the bank statement dated 08-10-2007 the deceased had to her credit a sum of Rs.7,30,254.60/-. True copy of the bank statement dated 08-10-2007 is annexed as Annexure P-3. iv)Any other movable or immovable property in the name of deceased and any other bank account or any other account in the name of deceased. The original Will was furnished in the Court on 18-12-2007. The notice was ordered to be published in the “Punjabi Tribune”. The publication was effected for 17-03-2008. Notice was issued for effecting service on respondents No.2 to 4 by ordinary dasti process by Registered A.D. Reply was filed on behalf of respondents No.2 and 3. The reply discloses that respondents did not wish to contest the correctness of the Will. Finally, following issues were framed :- “1. Whether the Will dated 19-07-1995 is the last valid Will of the testator? 2. Relief.” The affidavits of the petitioner-Vijay Deep Singh and Hardial Probate No.5 of 2007 -3- Singh, witness were filed towards their examination-in-chief. Petitioner- Vijay Deep Singh son of Jagat Singh (PW-1) himself tendered his evidence by way of affidavit dated 22-01-2009, examination-in-chief as Exhibit PA. The original Will dated 19-07-1995 in vernacular was taken on record as P-1. PW-2 Hardial Singh, Namberdar, resident of VPO Gharuan, Tehsil Kharar, District Ropar, appeared in Court and tendered his evidence by way of his affidavit dated 22-01-2009 in examination-in-chief as Exhibit PB. Learned counsel for the respondents was given opportunity to cross-examine the said witnesses but no cross-examination was done. The evidence of the petitioner was, accordingly, closed and the matter was adjourned for recording of the evidence of the respondents on 29-04-2009. On the adjourned date i.e. 29-04-2009, learned counsel for the respondents stated at bar that he did not wish to lead any evidence. The evidence of the respondents was, accordingly, closed. The matter was taken up for further consideration today on 09-07-2009. Learned counsel for the respondents stated that respondents No.2 and 3 did not dispute the Will. No one appeared to contest the Will on behalf of respondent No.4, despite service. Vijay Deep Singh son of Jagat Singh (PW-1) stated on oath that his mother namely Sardarni Balbir Kaur wife of Jagat Singh executed a registered Will in his favour on 19-07-1995 by giving all the moveable and immoveable property to him as mentioned in the Will. The Will was executed by his mother with her free Will and without any fear and pressure. The contents of Will was read over to her in the presence of the marginal witnesses namely Jagmohar Singh Chaudhari, Senior Advocate, resident of House No. 74, Sector 8-A, Chandigarh and Hardial Singh, Probate No.5 of 2007 -4- Namberdar of Village Gharuan and after understanding the contents of the Will, his mother put her signatures in Punjabi on the same. Mr. Hardial Singh, Namberdar, resident of VPO Gharuan, Tehsil Kharar, District Ropar appeared as PW-2 and submitted his affidavit, stating therein that the Will dated 19-07-1995 executed and signed in his presence by late Sardarni Balbir Kaur w/o S. Jagat Singh, resident of House No.30, Sector 65, S.A.S. Nagar, Mohali was attested by him and Jagmohan Singh Chowdhary son of S. Achhra Singh, resident of House No.2547/35-C, Chandigarh and they saw her signing. Hardial Singh and S. Jagmohan Singh Chowdhary attested the Will in the presence of each other and of the testator. Due opportunity was granted to respondents No.2 and 3 to cross-examine the witnesses. The witnesses were not examined, despite due opportunity and learned counsel appearing on behalf of respondents No.2 and 3 stated that he did not wish to contest and had no objection to the probate of the Will. At the same time, none has appeared on behalf of respondent No.4 to contest the correctness of the Will. Respondents no.2 to 4 are the daughters of the deceased-Sardarni Balbir Kaur who were disinherited under the Will and the same has been executed in favour of the petitioner. The respondents did not lead any evidence and nor cross- examed the witnesses. No other person from General Public has come forward to file any objection. The facts, narrated above, are therefore, self explanatory. Thus, the Will dated 19-07-1995 is the last valid Will. 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 Probate No.5 of 2007 -5- 19-07-1995 and the counsel appearing on behalf of two daughers of the deceased have stated that the Will may be accepted and the third daughter i.e. respondent No.3-Urvinder Kaur has not put in appearance, despite service and the Will being a registered Will and duly proved by the witness PW-2 Hardial Singh, Namberdar, resident of VPO Gharuan, Tehsil Kharar, District Ropar, the present petition under Section 276 of the Indian Succession Act, 1925 for grant of probate of the Will of late Sardarni Balbir Kaur is allowed in favour of the petitioner Vijay Deep Singh son of Jagat Singh who is also the son of deceased-Sardarni Balbir Kaur resident of House No.30, Sector 65, S.A.S. Nagar, Mohali. The Registry to issue probate of the Will in accordance with law and after payment of necessary Court fee. (NIRMALJIT KAUR) JUDGE July 9, 2009 gurpreet Whether to be referred to the Reporter : Yes / No