SARDAR INDERMOHAN SINGH SIALI Vs. STATE AND ORS.

JUDGEMENT

(1.) The present proceedings is for grant of probate in respect of the Will of late Shri Harnam Singh Syali ("the testator") dated 18.8.1978. The first petitioner is the grandson and the second petitioner, the daughter -in -law of the testator.

(2.) One of the heirs of the late testator had filed a suit being CS (OS) No. 1932/1996. One of the parties (the second respondent in this case) filed a suit being CS (OS) No. 1253/2006 claiming partition of the properties, which were subject matter of the Will. The proceedings continued for a considerable time. The petitioners contended that as a result, the present claim for probate was not made. The original of the Will was produced, in the course of the said proceedings; a certified copy has been placed on the record in this case.

(3.) The testator apparently had 5 sons and one daughter i.e. Gurcharan, Surinder Singh Siali, Jang Bahadur Singh, Sardar Manmohan Singh Siali and Kuldeep. The 3 of them i.e., Jang Bahadur Singh, Surinder Singh Siali and S. Gurcharan Singh have died during the pendency of the proceedings. It is submitted that the Will had made the following bequests: