AMARDEEP SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 276 of the Indian Succession Act, 1956 for grant of probate of Will dated 20 th November, 2006 of Late Col. Sohan Singh (hereinafter referred to as the "Testator"). PETITIONER is the named ,,Executor in the Will.

(2.) AS per the petitioner, Testator died on 2nd January, 2008. Testator has left behind his widow Smt. Neelam Kaur, Mr. Amardeep Singh (son), Mrs. Jitender Wirk (wife of predeceased son), Mr. Kuldeep Singh Wirk (son) and Mrs. Komal Sutton (daughter). At the time of his death Testator had a fixed place of residence at 1, Harcharan Bagh, Andheria Mor, Kaziwala Bagh, Mahipalpur Road, Mehrauli, New Delhi, within the territorial jurisdiction of this Court. Before his death Testator had executed a Will dated 20th November, 2006 duly registered as document no. 8380 in Book no. 3, Volume 1.537 at pages 166-167 with the Sub- Registrar of ASsurances-V, New Delhi. This was the last Will and the testament of the Testator. The aforesaid Will was executed by the Testator in presence of Mrs. Taranjit Kaur Wirk, Mrs. Biban Atal and Mr. R.S. Mann, Advocate. Vide this Will Testator has bequeathed his entire estate in the manner as detailed in the Will. The properties left behind by the Testator have been mentioned in the Annexure ,,C out of which two are within the territorial jurisdiction of this Court. Testator has not left behind any other legal heir except the persons whose names have been mentioned in the Annexure ,,D.

(3.) PETITIONER has led evidence in support of this petition. PETITIONER has filed his own affidavit in his evidence and has reiterated the averments made in the petition which have been narrated in brief in para 2 hereinabove. Death certificate of Testator has been proved as Ex. PW1/1.