VINAY KALA Vs. STATE

JUDGEMENT

(1.) Mr. Vinay Kala is the son of deceased Smt. Kamla Kala. She died at New Delhi on 13th June, 1989. She has been survived by members of her family, the list of which is given in para 2 of the petition. By her last 'Will' and testament, she bequeathed her immovable property as mentioned and described in the Schedule as well as move able properties including her jewellery, shares, debentures, units, National Savings Certificate, Post Office Saving, Bank Accounts, PPF account and other Bank accounts and house hold items. At the time of her death, Smt. Kamla Kala had a place of abode at Delhi. The value of the property has been mentioned to be more than above Rs. 5 lacs which has been bequeathed to the petitioner. By this petition under Sec. 217 read with Sec. 279 of the Indian Succession Act (hereinafter called the Act), the petitioner wants the letter of administration to be issued in his favour.

(2.) Statement of Sh. Vinay Kala, the petitioner was recorded. He proved the death certificate of the deceased as Ex. P-1. The 'Will' executed by the deceased Smt. Kamla Kala has been proved as Ex. P-2. He further testified that he recognises the signatures of his mother on the 'Will' as well as of the attesting witnesses namely Sh. R. K. Tandon and Sh. K. P. Rao. Sh. R. K. Tandon by his testimony recorded by way of affidavit Ex. P-3, proved that Smt. Kamla Kala signed the 'Will' in his presence. She was in sound mind and that he and the other attesting witness Sh. K. P. Rao signed the 'Will' in each other's presence and in the presence of the deceased Smt. Kamla Kala.

(3.) Other legal heirs as mentioned in the petition, they have given no objection in the grant of the letter of administration in favour of the petitioner. The no objection has been given by them by way of their written statements. So far as Arvind Kala, one of the sons of the deceased is concerned, he has not filed any objection to the grant of letter of administration, in spite of having been served. Petitioner further testified that the estate of the deceased is free from all encumbrances and there are no debts. That he will abide by the terms of the 'Will' Ex. P-2 and that he will submit the Statement of Accounts half yearly.