MOHINDER KAUR Vs. MAHAIN SINGH

JUDGEMENT

(1.) The controversy here is with regard to the validity of the Will set up by respondent-Mahain Singh the brother of Samund Singh deceased. This arises in the context of a contest between Mohinder Kaur, the divorced wife of Samund Singh and their two daughters Sawinder Kaur and Sukhwant Kaur on the one hand and Mahain Singh, brother of Samund Singh on the other, with regard to the bank accounts left behind by the said Samund Singh in India. Samund Singh died in the United Kingdom on January 10, 1982.

(2.) It appears that Samund Singh deceased had left behind Rs. 60,000/- in a Fixed Deposit Account with the Punjab National Bank, Rayya and another Rs. 11,590/- in Saving Account 7112 with Punjab National Bank, Rayya, besides Rs. 2,675/- odd in Saving Account 38758 with the State Bank of India, Amritsar.

(3.) On August 24, 1982, Mohinder Kaur and her daughters applied for a Succession Certificate in respect of Rs. 11,590/- odd with the Punjab National Bank, Rayya. During the pendency of this application, Mahain Singh, the brother of the deceased, on his part, moved the Court on October 9, 1982 for the grant of a Succession Certificate with regard to the two other accounts, namely; Rs. 60,000/- in the Punjab National Bank, Rayya and Rs. 2,675/- odd in the State Bank of India, Amritsar. Both parties, of course, contested each other's claim.