VADIA BANERJEE Vs. SARDAR

JUDGEMENT

(1.) ADMIT . With the consent of learned Counsel for the parties, this petition is heard finally and disposed of in the following terms :

(2.) PETITIONER Vadia Banerjee is sister, whereas, respondent Sardar is widow of late Pyare Lal, who died on 27.3.1992. His ordinary residence at the time of his death was Ward No. 5, Kangra, Tehsil and District Kangra. He had left behind a sum of Rs. 70,000/- invested in FDR No. AF/P.759209/524KY/90-91 of UCO Bank Branch Birta 1023, Tehsil and District Kangra and Rs. 3,726.55 deposited in his Savings Bank Account No. 9148 of Punjab National Bank, Nagrota Bagwan, Tehsil and District Kangra. On the basis of a Will dated 15.6.1991 executed by late Pyare Lal in her favour, Vadia Banerjee filed petition under Section 372 of the Indian Succession Act, 1925 (hereinafter called 'the Act') for granting her succession certificate of the amounts lying in the said FDR and Savings Bank Account.

(3.) ON the pleadings of the parties, the following issues were framed: