SMT. SHANTI DEVI Vs. YADVINDER THAKUR AND ANOTHER

JUDGEMENT

(1.) Seth Bhagirath Das, an eminent Advocate of Punjab and Haryana High Court of yesteryears had executed a trust deed on 18.1.1966 in the name of his mother titled as 'Champawati Charitable Trust' (in short 'CC Trust'). It was got registered with Sub Registrar, Chandigarh on 17.2.1966. An amount of Rs. 5,000.00 was credited in said trust to begin with. He had also executed a supplementary trust deed on 31.1.1989, which was got registered on 6.2.1989. On 21.1.1985, said Bhagirath Das executed a Will in which he detailed the list of his movable and immovable property and by the said Will he disposed of these properties in favour of CC Trust. An amount of Rs. 50,000.00 was kept apart for his wife and some amount in the name of his sister Geeta Bai. Some amount was also earmarked for his servants and for the maintenance of dogs etc. On 28.12.1988 Seth Bhagirath Das executed a codicil. Seth Bhagirath Das completed his journey in this world on 25.4.1989 and expired.

(2.) The trustees were appointed in the Will dated 21.1.1985 read with codicil dated 28.12.1988. Similarly the Executor was also named in the Will but as ill luck would have it, the litigation started thereafter.

(3.) The journey of litigation started with the filing of Probate application, in this Court, by one of the trustees, namely, Uma Aggarwal on 13.7.1989. In this petition for probate Yadvinder Thakur, named in the Will as Executor and Managing Trustee and the other three trustees named in the Will, were made respondents. Shanti Devi and Gita Rani, sisters of Seth Bhagirath Das and the Punjab and Haryana High Court Bar Association (beneficiary), were also impleaded. Sanjay Kumar, who proclaimed himself to be the adopted son of Seth Bhagirath Das and Smt. Soni Bai widow of Seth Bhagirath Das, were also impleaded as respondents. In this petition filed under Sec. 278 of Indian Succession Act, 1925 (in short, 'the Act, 1925'), for the grant of letters of administration of the Will dated 21.1.1985, read with codicil dated 28.12.1988, the list of properties, Schedule A (moveable properties) and Schedule B (immovable properties), were attached.