SUKHDEV SINGH JHAJJ Vs. GENERAL PUBLIC

JUDGEMENT

(1.) SUKHDEV Singh Jhajj, through the present petition under Sections 276/ 278 of the Indian Succession Act has sought the grant of Probate/ Letter of Administration of a Will dated January 15, 2003 executed by his mother Amar Kaur, wife of Late Bakshish Singh, claiming that she died on February 24, 2005 at Village Bowani, Tehsil Payal, District Ludhiana. Her husband Bakshish Singh had expired prior to her death. Amar Kaur, mother of the petitioner executed a Will dated January 15, 2003 in a sound disposing mind. The Will was attested by Lakhwinder Singh, Sarpanch Village Bowani and Shamsher Singh resident of said Village as marginal witnesses. The affidavit of said witnesses dated April 1, 2013 has been placed on record. Respondents No.2 to 5 have been impleaded being the surviving heirs of the deceased living at the addresses mentioned against their names. The petitioner was appointed as executor as well as beneficiary of the Will as such he has filed the present petition as executor. It is averred in the petition that the deceased had bequeathed her residential and ancestral property mentioned as residential house measuring 6 biswas having three rooms on ground floor, two rooms on first floor with lawn, within Lal Lakir valued at Rs.10 lacs. In addition to the said house the testator had a share in the land in Malaysia comprised in Grant No. 48705, Lot No. 1359, Mukim Semenyih, District of Ulu Langat, State of Selangor, Darul Ehsan, Malaysia measuring 14 acres. The value of the share was approximately Rs.30 lacs as conveyed by his brother Daljeet Singh Dhillon, on the basis of the information supplied by Sh. Ramchandran Shankar and Company who is handling the case of the share of the land of the mother of the petitioner in Malaysia. A copy of the letter dated February 5, 2013 is appended with the petition as annexure P -4. Schedule of the property has been attached as annexure P -5, which is as follows: -

(2.) THE General public was served through publication in newspapers 'The Tribune' and 'Punjab Kesri', whereas the remaining respondents No.2 to 5 were served by ordinary process. They have put in appearance through their counsel. The claim of the petitioner was not contested by any of the private respondents.

(3.) THE respondents have filed a written statement admitting the claim that as per the Will, only the petitioner is entitled to succeed the estate of Amar Kaur and is also entitled to Probate/Letter of Administration in respect of the property of his mother Amar Kaur mentioned in the Schedule.