RABINDER SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an application under Section 278 of the Indian Succession Act, 1925 (hereinafter referred to as 'the said Act') for grant of letters of administration in respect of the will (Ex. PW-1/6) of Late Smt Surjit Kaur widow of Late Shri Balwant Singh, who died on 31.03.2000 at New Delhi.

(2.) The will (Ex. PW-1/6) is not contested. It is a registered will and was registered with the Sub-Registrar-III, New Delhi on 25.07.1997. Under the said will, Mr N.H. Jafri was appointed as the executor. By virtue of Ex. PW- 1/2, Mr N.H. Jafri, who has in the meantime migrated to USA, indicated that since he has migrated to USA for good, it would not be possible for him to execute the will. He also stated that the original will was already with one of the legal heirs, Mr Rabinder Singh, who may act as an executer in his place if all the legal heirs agreed to do so and / or opt for the same. A letter dated 22.08.2006 was sent by the said Mr Rabinder Singh to Mr N.H. Jafri requesting him on behalf of all the legal heirs of Late Smt Surjit Kaur to take suitable and appropriate steps for getting the will probated through court and also to take on the responsibilities of executor of the will. This letter is marked as Ex.PW-1/3. This letter was sent by registered A.D. and postal receipts in respect thereof are Ex. PW-1/4. No response to this letter has been received. Ex.PW-1/5 is the citation which was published in the newspaper"The Statesman, Delhi Edition on 14.12.2006. Ex.PW-1/7 is the valuation report in respect of the property which is the subject matter of the will.

(3.) The will is uncontested. It is also a registered will. Consequently, the same stands proved. As the named executor (Mr N.H. Jafri) has expressed his inability to carry out his responsibilities as an executor, this would amount to his renouncing his executorship. Consequently, the provisions of Section 231 of the said Act would become applicable. Section 231 reads as under:-