HARINDER KAUR Vs. INDIRA U NIGHAM AND OTHERS

JUDGEMENT

(1.) Impugned in the present appeal is the judgment dated 13.02.1992 passed by learned Addl. District Judge, Chandigarh, vide which in an application filed by Indira U. Nigham and Savinder Singh Sachdev for revocation of the probate issued on 06.04.1984 in respect of the estate of Harbans Singh Sachdev, under Section 263 of the Indian Succession Act, 1865 (in short 'the Succession Act'), the objections were accepted and probate issued on 06.04.1984 was revoked.

(2.) Brief facts of the case are that on 19.08.1983, Harinder Kaur wife of Tarlochan Singh moved an application under Section 276 of the Succession Act for grant of probate regarding the estate of Surjit Kaur widow of Harbans Singh Sachdev. It was claimed in the application that Harinder Kaur, petitioner (appellant herein) is the daughter of Surjit Kaur widow of Harbans Singh Sachdev, resident of Kothi No.583, Sector 18-B, Chandigarh and that Surjit Kaur widow of Harbans Singh Sachdev executed a Will on 20.12.1981 in the presence of witnesses in favour of her daughter Harinder Kaur. Surjit Kaur died on 25.04.1982 at Chandigarh. It was further averred that Harbans Singh Sachdev had executed a Will in respect of Kothi No.583, Sector 18-B, Chandigarh in favour of Surjit Kaur, mother of the petitioner on 29.11.1974. Harbans Singh Sachdev died on 28.04.1978. The said Will was also annexed with the petition. Therefore, it was prayed that probate of the Will of deceased Surjit Kaur widow of Harbans Singh Sachdev, resident of Kothi No.583, Sector 18-B, Chandigarh be granted in favour of the petitioner, namely, Harinder Kaur.

(3.) The applicants (respondent herein) Indira U. Nigham and Savinder Singh Sachdev are the daughter and son of Harbans Singh Sachdev from his first marriage with Jit Tara @ Jagjit Kaur. They filed the present application for revocation of the probate.