SARDAR KESAR SINGH Vs. SARDAR HARINDER PAL SINGH

JUDGEMENT

(1.) THE dispute is between the sons of late Kartar Singh who died on 24.9.1997. The deceased appears to be a prosperous man evidenced by the fact that he left behind two residential houses bearing municipal No. 57 -A, Malviya Nagar, New Delhi and 57 -B, Malviya Nagar, New Delhi.

(2.) KARTAR Singh was survived by three sons and a daughter. Harinder Pal Singh, Pritam Singh and Kesar Singh are the three sons. Jasbir Kaur is the daughter. Though she has stated that her father died intestate, Jasbir Kaur has chosen not to contest either the suit or the probate, for the reason in her written statement filed in the suit, she has stated that she does not want anything from the estate of her father which she desires to be distributed inter se her brothers.

(3.) BY and under CS(OS) No. 2315/97, Kesar Singh seeks a partition of the two houses claiming 1/3rd share. Basis of his claim to 1/3rd share is not to be culled out from the pleadings, for if the deceased died intestate, his wife pre -deceasing him, the three sons and the daughter must get an equal share. By and under probate No. 51/2000, Harinder Pal Singh and his brother Pritam Singh pray that will dated 10.7.1991 pertaining to house No. 57 -B, Malviya Nagar, New Delhi and the will dated 28.7.1995 pertaining to house No. 57 -A, Malviya Nagar, New Delhi be probated in their favour.