SHANTI DEVI Vs. YADVINDER THAKUR

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/- 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/- 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.) ON notice, Soni Bai widow of late Seth Bhagirath Das filed written statement and contested the petition. She also challenged the validity of codicil. It was pleaded by her that the Probate can be granted in favour of the Executor named in the Will. Counter-allegations were made relating to movable property against the petitioner. The correctness of properties cited in Schedule B was also disputed. It was also pleaded that on 13.4.1975 Sanjay Kumar (respondent 8) was adopted as a son by Seth Bhagirath Das and the adoption was reduced into writing on 13.4.1981. The properties of Hindu Undivided Family situated at Amritsar and shown in Schedule B were subjected to partition and the partition deed was got registered on 11.4.1986 in the office of Sub Registrar, Amritsar. The following properties had come to the share of respondents' Nos. 8 and 9, as under :-