YOGENDRA SINGH Vs. PUSHPA SINGH

JUDGEMENT

(1.) A Petition under Sec. 276 of the Indian Succession Act, 1925 has been filed on behalf of the petitioner for grant of probate/Letter of Administration of the Will annexed dtd. 2/5/2003 of his deceased mother- Smt. Shanti Singh who has bequeathed her property in favour of the petitioner.

(2.) The property was originally owned by Shri Shyam Narendra Singh. He died in 1964 intestate and was survived by his wife-Smt. Shanti Singh and four daughters- Mrs. Pushpa Singh, Mrs. Santosh Bahl, Ms. Usha Singh and Mrs. Shobha Singh, and a son- Sh. Yogendra Singh, who is the petitioner.

(3.) On demise of Shri Shyam Narendra Singh, all the daughters executed a Relinquishment Deed in favour of the mother who became the owner of the property in question to the extent of half share while the petitioner was the owner of the other half share. Smt. Shanti Singh, the mother died on 6/2/2010. On the basis of the Will dtd. 2/5/2003 of Late Smt. Shanti Singh, petitioner had filed this petition for probate of the Will by virtue of which Smt. Shanti Singh had bequeathed her half share in the property in favour of the petitioner. A lifetime interest in a portion of the property has been created in favour of Smt. Usha Singh