S WARYAM SINGH Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 276 of the Indian Succession Act for grant of probate of the Will dated 5th August, 1988 executed by late Ms. Jaswant Kaur.

(2.) The brief facts of the case are that the petitioners herein are the brothers of late Ms. Jaswant Kaur. The deceased Jaswant Kaur had executed a Will dated 5th August, 1988 in accordance with law. In the Will itself the deceased had mentioned 9 persons including the two petitioners as her legal heirs. The Will is duly registered with the Sub-Registrar of Documents, Delhi. The original Will itself has been filed alongwith petition and the same is Ex.PW 1/1. The schedule of properties and estate of the deceased Jaswant Kaur has also been annexed alongwith the Will and the same is Ex.PW 2/2. Alongwith the petition the death certificate of deceased Jaswant Kaur has been filed and the same is Ex.PW 2/1. The Will of the deceased has nominated S.Waryam Singh Lamba and S. Amarjit Singh Lamba (petitioners herein) as executors of the estate of the deceased for the purposes of this Will.

(3.) The petition was registered and the notice was issued to the Chief Revenue Controlling Authority, Counsel for the State and to the near relatives of the deceased mentioned in annexure 2 annexed to the petition. Citation was also directed to be issued for publication in the daily Statesman (New Delhi edition). Pursuant to the aforesaid notice relations mentioned in annexure 2 of the petition, Chief Revenue Controlling Authority and State through Counsel have been served. Notice has also been published in the newspaper Statesman dated 29th October, 1991 and copy of the newspaper containing the citation in question is also on record. Relations have filed their reply by way of no objection stating that they have no objection to the grant of the probate in favour of the petitioners.