BALBIR SINGH WASU Vs. LAKHBIR SINGH WASU

JUDGEMENT

(1.) THIS is a Letters Patent Appeal arising out of an Order dated 6th of September, 1993, passed by the learned Single Judge of this Court in Probate case No. 2 of 1993 in the goods of late Harnam Singh Wasu, Senior Advocate, Chandigarh, permitting the Executor of the Will of late Harnam Singh Wasu to disburse the cash amount to the heirs of the deceased in the manner specified in the Will.

(2.) BRIEFLY, the facts was giving rise to the present appeal are as follows: - Harnam Singh Wasu was a Senior Advocate practising in the High Court of Punjab and haryana at Chandigarh'. He executed a Will on 5th of July, 1992. He died on 8th of February, 1993 at Chandigarh at the ripe old age of about 90 years. Harnam Singh Wasu had six children; three sons, namely, Balbir Singh Wasu, Lakhbir Singh Wasu and Gurcharan Bir Singh Wasu and three daughters, namely, Mrs. Surinder Kaur, Mrs. Jatinder Kaur and Mrs. Bhupinder Kaur, who are all married. Gurcharan Bir Singh Wasu had settled in England. He met his tragic death in a car accident there on 16th of September, 1991, leaving behind his wife Shrimati Kulwant Kaur Wasu and children. At the time of death, consequently, Harnam Singh Wasu (hereinafter to be referred to as the deceased) had two living sons, one wife of a pre-deceased son and three daughters.

(3.) THE deceased had 7/l2th share in House No. 15, Sector 9-A, Chandigarh. He was the sole owner of House No. 1185, Sector 8-C, Chandigarh. Besides two houses, the deceased had also certain amounts deposited in Public Provident Fund, Unit Trust of India, National Saving Certificates and other saving accounts.