SARUP SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition by Sarup Singh under Section 278 of the Indian Succession Act, 1956 for grant of probate/Letters of Administration in respect of the Will of Late Sardar Jasbir Singh. The said Sarup Singh has been appointed executor in the Will and is also one of the beneficiaries under the Will.

(2.) IT is stated in the petition that Sardar Jasbir Singh was a permanent resident of Delhi, living at 12-A, Tilak Marg, New Delhi. In January, 2007, he went to Chandigarh (Punjab) where he unfortunately expired on January 22, 2007 at Silver Oaks Hospital, District Mohali, Punjab. He died a bachelor and thus did not leave behind any class-I legal heirs. However, he left behind his nieces and nephews, who are the children of his sister Jaswant Kaur and brother Harcharan Singh who too have died. These children fall in the category of Class-II heirs and their names are as under :-

(3.) THE petitioner to prove the Will filed his affidavit by way of evidence dated August 11, 2008 and therein has reiterated the averments made in the petition. He also entered the witness box and proved his affidavit as Ex.PW1/A, identified the signatures of the testator of the Will, S.Jasbir Singh at point 'A ' and proved the original Will as Ex.PW2/A. He also proved the death certificate of S.Jasbir Singh as Ex.PW2/1.