H P S CHAWLA Vs. STATE

JUDGEMENT

(1.) Shri H. P. S. Chawla is one of the brothers of the deceased, Mrs. Raj Chawla Sahni. She died at New Delhi on 5-6-1984 leaving behind a Will dated 13-5-1984. In a petition under Section 232 of the Indian Succession Act for the grant of letters of Administration with the will annexed, the case set up by Shri H. P. S. Chawla, petitioner is that in her will Smt. Raj Chawla Sahni does not name any executor but the petitioner being one of the legatees is entitled to file the present petition. The estate duty payable in respect of the estate of Ms. R Chawla Sahni is still to be filed and the petitioner undertakes to make such payments from and out of the estate, as may be found due by the department on completion of the estate duty assessment. Shri Joginder Nath Sahni, the husband of the deceased has already instituted a Probate case No. 3811984, though pending in this court is not maintainable. The persons who would have been entitled to the estate of the deceased in the event of intestate succession and the others to whom the notice is necessary are given in the petition. Hence the petition.

(2.) Immediately on the service of the summons of the petition. respondent No. 1. Shri T. P. S. Chawla filed the reply . and raised anumber of preliminary objections to the maintainability of the petition and the appointment of the petitioner as executor. One of the preliminary objection? read as under :-

(3.) Respondent No. 7, Shri Joginder Nath Sahni also opposed the petition by raising a number of preliminary objections as well as on the merits. However, respondents 2, 3 & 5 in their joint written statement admitted the facts stated in the main petition, and raised no objection to the grant of the prayer.