NARINDER SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two petitions under Section 278 of the Indian succession Act, 1956; one seeking Letters of Administration in respect of two 'wills' of late S. Sant Singh Dhingra dated April 30, 1993 and march 28, 2001. The other is in respect of assets left behind by late smt. Kaushalaya Kaur wife of S. Sant Singh Dhingra who died intestate. The relevant facts are as under:-S. Sant Singh Dhingra was a permanent resident of E-26/5, rajouri Garden, New Delhi. He breathed his last on March 23, 2004 leaving behind his wife Smt. Kaushalaya Kaur, three sons, namely, narender Singh, Kuldeep Singh and Gurvinder Singh, two daughters, smt. Amarjeet Kaur and Smt. Jatinder Kaur besides three grand-sons, namely, Ranjeet Singh, Mandeep Singh and Harneet Singh. Before his death he executed a 'will' dated April 30, 1993 in respect of the following properties of which he was the owner:-

(2.) BY virtue of the aforesaid 'will', he bequeathed property No. E-26/5, Rajouri Garden, in favour of his three sons and three grand-sons, in the manner indicted in the 'will' and the remaining properties he bequeathed to his wife. The daughters were not given any share.

(3.) ON March 28, 2001 he executed another 'will'. As per that 'will', he was the sole and absolute owner of three-storey built-up property No. T-412, measuring about 50 Sq. Yards, situated at Ahata kidara, Delhi. He bequeathed the said property entirely in favour of his son Gurvinder Singh Dhingra, and he did so for the reason as stated in the 'will' that in his earlier 'will' dated April 30, 1993 he had given to his said son only life interest in respect of the portion of Property No. E-26/5, Rajouri Garden, New Delhi whereas to his other sons and grand-sons, he had given full ownership rights.