DHARAMVIR SHARMA Vs. STATE

JUDGEMENT

(1.) THIS petition under the Indian Succession Act, 1925 seeks grant of letters of Administration concerning the Will of one Shri. Kunwal Kumar Sharma (hereafter "the testator"), who died on 17th December, 2002. A true copy of the death certificate has been produced with the petition.

(2.) IT is averred in the petition that the testator, at the time of his death was residing at 36, Bilston Lane, Willenhall, West Midlands, WV13 2qb, united Kingdom and had roots in the society. Prior to his demise, the testator executed his last and only will, on 28-8-1991, bequeathing all his movable and immovable properties to the petitioners. It is averred that the will was attested by PA Lowers and J Evans of Rowland Tildesley and Harris Solicitors, new Road Willenhall West Midlands WV 13 2ah UK. The testator had named his wife ms. Susheel Sharma as sole executrix and trustee of the will; however, she passed away on 17-1-1999 before the death of the testator. In terms of the will, if the widow, Ms. Susheel Sharma did not survive the deceased for 21 days after his death, his properties and estate were to devolve equally in favour of the petitioner, his children.

(3.) THE petitioners aver that Probate was granted in respect of the Will, at their request and on their application, on 15-7-2003 in the High Court of justice, the District Probate Registry, at Birmingham, UK. They have annexed a true copy of the Probate dated 15-7-2003. The petitioners undertake to pay ad-valorem court fees as may be determined in respect of the property, which is subject matter of the Will; they also undertake to administer the property of the deceased testator, as described by him in the will.