HARJEET SINGH Vs. GENERAL PUBLIC AND OTHERS

JUDGEMENT

(1.) This order of mine will dispose of FAO No.1323 of 2006. Impugned in the present appeal is the order dated 06.10.2005 passed by learned Addl. District Judge, Jagadhri, vide which his petition for issuance of letter of administration on the basis of Will dated 04.09.1982 executed by his father Mohinder Singh, was dismissed.

(2.) The factual martix of the case is that Mohinder Singh (deceased) was the owner of a plot measuring 300 sq. yard situated at Railway Road, Jagdhari and one half share in a plot measuring 23 kanals, 7 marlas situated at Ambala Bilaspur Road, Jagadhri. It is stated that on 04.09.1982, Mohinder Singh (now deceased) executed an unregistered Will in favour of Harjeet Singh (present appellant), who was minor at that time, disinheriting his second son Rajwant Singh, his wife Mohinder Kaur as well as six daughters. The Will is stated to have been attested by Malik Chand Sethi and Ved Parkash Chopra. Both of them are now dead. Mohinder Singh himself died on 10.06.1983. The present appellant filed present petition in the year 2003 i.e. 20 years after the death of his father Mohinder Singh claiming the letter of administration.

(3.) The brother of the present appellant namely Rajwant Singh contested the petition and denied the execution of the Will in question. The sisters as well as mother of the present appellant also contested the petition on the similar ground.