DALIP BHATIA Vs. STATE

JUDGEMENT

(1.) On a petition under Section 276 of the Indian Succession Act, 1925(Probate No.42/99) for grant of Probate/Letters of Administration, made by the applicant Shri Dalip Bhatia, Letters of Administration in respect, of the Will dated 20.5.82, with a copy thereof annexed, was granted in his favour on 27th of September, 2001, subject to his supplying requisite court fee and completion of necessary formalities.

(2.) The applicant has now approached this Court with instant application seeking the requirement of furnishing an Administration Bond and a Surety Bond to be dispensed with, on the plea "that the petitioner is not only the executor but also the beneficiary and legal heir of the deceased and is the beneficiary of the property bequeathed to him under the aforesaid will. As such, the petitioner was not to do or carry out any act in compliance and direction under the will."

(3.) Section 2-(c) of the Indian Succession Act, 1925 defines an 'executor' to mean a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided.