MAJ GEN SUJAN SINGH UBAN Vs. STATE

JUDGEMENT

(1.) The probate case has been instituted by the petitioner, the husband of the deceased Smt. Jaswant Kaur. Though in the Will dated 5.11.1991 propounded by the petitioner has not been specifically stated that the testatrix had appointed the petitioner as executor, the petitioner had claimed himself to be an executor and had filed this petition for the issuance of probate. Under the provisions of the Indian Succession Act, 1925 when there is no specific mention of the appointment of an executor only an application for Letters of Administration could be filed. The petitioner can pray for the issuance of Letters of Administration.

(2.) . Smt. Jaswant Kaur died on 23.4.1994 leaving behind her husband Maj. Gen. Sujan Singh Uban, widow and the son of her pre-deceased son, two daughters and the son Brig. Gurdip Singh Uban. The following table will show relationship of the parties:- <FRM>JUDGEMENT_547_DRJ45_1998Html1.htm</FRM>

(3.) . The father Maj. Gen. Sujan Singh Uban had propounded the Will dated 5.11.1991. The son Brig. Gurdip Singh Uban had propounded the Will dated 23.4.1994. Maj. Gen. Sujan Singh Uban had filed Ex.P.1 to P.6 and the son had filed Ex. D.1 to D.14. The father had examined himself as Public Witness .1 and other witnesses Public Witness .2 to Public Witness .7 and the son had examined himself as D.W.4 and examined D.W.1, D.W.2, D.W.3, D.W.5 to D.W.7.