RAM CHAND GANESH DASS Vs. SARDARA SINGH

JUDGEMENT

(1.) THIS revision petition has arisen in the following circumstances. Sardara Singh respondent had applied for the grant of succession certificate regarding a sum of about Rs. 3,000/- lying in a Savings Bank account of Shrimati Bhag Bhari deceased, claiming to be her heir as nephew of here late husband. The present petitioner Ram Chand opposed the application and claimed that he should be given the succession certificate on the ground of a will made by the deceased in his favour on the 28th of August 1958. He is apparently the brother of the deceased.

(2.) AFTER the parties had led evidence the point was apparently raised that Ram chand could not claim the property on the basis of a will without having obtained probate, reliance on this point being placed on the decision of Shamsher Bahadur, j. in Kesar Singh v. Smt. Tej Kaur, 63 Pun LR 473: (AIR 1961 Punj 509 ). This contention prevailed and the lower Court passed an order staying proceedings for two months for the purpose of allowing Ram Chand to obtain probate from the appropriate Court.

(3.) THIS order is challenged in the present petition by Ram Chand who claims that no probate is necessary. On this point he relies on the decision in Sohan Singh v. Bhag Singh, AIR 1934 Lah 599, and Ahemad v. Ghisia Hira, AIR 1945 Nag 237. In both these cases it was held even regarding immovable property that it was not necessary for probate to be obtained in order in set up a title based on a will.