RAKESH BHAN Vs. BAWA KRIPAL SINGH

JUDGEMENT

(1.) The present revision petition is directed against an order dated 28.02.2009 passed by the learned ADJ, allowing an application filed by the respondent No. 2 (respondent No. 6 in the court below) wherein, she sought her transposition as a petitioner in place of Late Shri Bawa Kirpal Singh, the petitioner in the probate petition, who was appointed as the executor of a will dated 02.01.1994, executed by Late Dr. R.K. Bhan By the impugned order, the aforesaid application filed by the respondent No. 2 was allowed and she was permitted to be transposed as a petitioner in the pending probate proceedings with directions to file the amended petition.

(2.) After the aforesaid order was passed, respondent No. 2 filed the amended petition wherein she sought grant of letters of administration in her favour, with respect to the estate of Late Dr. R.K. Bhan. Replies to the aforesaid amended petition have also been filed by the petitioner herein (respondent No. 7 in the court below) and the other respondents. Copy of the amended petition and the reply is handed over by the counsel for respondent No. 2 in the Court and is taken on record.

(3.) Counsel for the petitioner states that in view of the provision of Section 222 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act"), probate can only be granted in favour of the executor, appointed by the Will and in the present case, the sole executor having expired on 09.08.2008, the proceedings stand abated. He seeks to draw support from a judgment of a Division Bench of Bombay High Court in the case of Thrity Sam Shroff v. Shiraz Byramji Anklesaria & Anr., 2007 AIR(Bom) 103 and of a Single Judge of this Court in the case of Inder Chand Nayyar v. Sarvadeshik Arya Pratinidhi Sabha & Anr., 1977 AIR(Del) 34 Per contra, counsel for respondent No. 2 relies on the provisions of Section 232 of the Act and submits that in the present case, his client is entitled to grant of letters of administration in respect of the will in question.