KULVINDER SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Sections 276 of the Indian Succession Act, 1925 for grant of Letters of Administration in respect of the Will executed by Late Shri Arjun Singh (hereinafter referred to as the deceased).

(2.) IT is averred in the petition that the deceased Late Sh. Arjun Singh S/o Sh. Dola Singh who was a permanent resident of Delhi, died on 25.01.1990 at Delhi. A copy of the death certificate of the deceased is filed along with the petition. On 04.01.1990, the deceased executed his last Will and in the presence of witnesses namely Mr. M.K. Jindal and Mr. B.C. Bhardwaj and testament whereby, he bequeathed his immoveable property bearing No.11106/6/7/8, Doriwalan, Karol Bagh, New Delhi-110005, his moveable property like i.e. all the balance lying in his bank accounts as well as any other item belonging to him like jewellery etc. in favour of his brothers in law namely Dr. Kulvider Singh Oberoi, Mr. S. Mahinder Pal Singh Oberoi and Mr. S. Inderjit Singh Oberoi as the deceased had no legal heir and his brothers in law looked after him. It is also stated in the said Will that the property bearing No.11106/6/7/8, Doriwalan, Karol Bagh, New Delhi had been purchased by the wife of the deceased out of her Istridhan and sources and after her death, the same was mutated in the name of the deceased. The said Will bears thumb impression of the deceased and signatures of two attesting witnesses namely Dr. M.K. Jindal and Mr. <DJG> B.C.BHARDWAJ.</DJG>

(3.) THE objectors namely Gurdwara Shree Guru Nanak Darbar claimed that the deceased had executed a Will dated 05.07.1988 whereby, he bequeathed his estate in their favour. The objectors had filed an application being I.A. No.1425/92 under Order I Rule 10 read with Section 151 CPC for impleadment in this case but, the said application was disposed of declining the prayer for impleadment but, permission was granted to file objections. Thus the objectors filed their objections in this case and also filed a probate case bearing No.21/93 before this Court, seeking Letters of Administration in their favour in respect of the estate of the deceased.