AMAR DEEP SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner, above-named, has filed this petition for grant of probate of registered Will dated 8.11.1977 executed by Col. Iqbal Singh, AVSM, MC, M-in-D (Retd.), who is stated to have died at Panchkula, Haryana on 4.11.2000. The estate of the deceased, which is the subject matter of the aforesaid Will, comprises of the following immoveable properties:

(2.) Petitioner is the son and one of the legatee in the Will and claims to be the sole executor of the Will dated 8.11.1977. Respondents no. 2 & 3 are the sisters of the petitioner and two daughters of the deceased Col. Iqbal Singh. The respondents are opposing the probate petition and have filed objections., One of the objections is that the respondents have already filed a civil suit bearing No.366/ 2001 in the court of Civil Judge Senior Division, Panchkula, Haryana seeking a declaration to the effect that they along with the present petitioner are entitled to inherit the estate of their deceased father in equal 1/ 3rd share, their father having died intestate leaving behind no Will. It is alleged that in view of the pendency of the earlier suit instituted by the answering respondents, the proceedings in the present petition are liable to be stayed in view of the provisions of Section 10 CPC. The existence and validity of the Will is also assailed on several counts. In the rejoinder, the petitioner has controverted the objections and pleas raised in the objections and has reiterated the objections made in the petition. It is not disputed that the suit instituted by respondents no.2 & 3 is pending in Civil Court, Panchkula, but it is alleged that the pendency of the said suit has no effect on the proceedings in the present petition as Section 10 CPC is not attracted, the scope of the civil suit" and the present proceedings being quite different.

(3.) In view of the above objection, following preliminary issues were framed on 12.2.2004: