Pritpal Singh Tiwana vs General Public and Others

L.N. Mittal, J.—Pritpal Singh Tiwana has filed this petition under Sections 276/278 of the Indian Succession Act, 1925 (in short, the Act) for grant of Letters of Administration of Will dated 12.3.1993 executed by Petitioner''s grandmother Smt. Bachint Kaur since deceased.

In paragraph 6 of the petition, reference has been made to the properties of the deceased i.e. 1/12th share in Show Room No. 125-126, Sector 17C, Chandigarh, one plot No. 502 situated at Saheed Sewa Singh Thikriwala, Patiala and one plot No. 1580, Sector 3, Zonal Plan No. 16, Green Field, Delhi and amount lying in bank account No. 9198, State Bank of India. However, in the list of property annexed with the petition, reference is only to 1/12th share in Show Room No. 125-126, Sector 17C, Chandigarh and proportionate rent thereof. Market value thereof has been assessed to be Rs 3 lacs. Learned Counsel for the Petitioner states that Letters of Administration is required for the said property only and not for other properties mentioned in paragraph 6 of the petition.

Petitioner has alleged that Petitioner''s father died during the life time of Petitioner''s grand-mother Smt. Bachint Kaur. Smt. Bachint Kaur had only one son i.e. Petitioner''s father and had four daughters i.e. Respondents No. 2 to 5. Respondents No. 6 and 7 are brother and sister respectively of the Petitioner. Respondent No. 2 to 5 and 7 stand married and are happily and well settled in their matrimonial homes. Respondent No. 6 has inherited considerable property from his maternal grandmother. Petitioner was rendering service to the testatrix Smt. Bachint Kaur. Consequently, Smt. Bachint Kaur executed Will dated 12.3.1993 in favour of the Petitioner bequeathing all her properties to him. On these averments, the Petitioner has sought issuance of Letters of Administration of the aforesaid Will dated 12.3.1993 executed by Smt. Bachint Kaur.

Notice to General Public - Respondent No. 1 was issued by publication in newspaper but none appeared to contest the petition.

Respondent No. 3 put in appearance through counsel and filed written reply admitting the claim of the Petitioner. Remaining Respondents have not put in appearance inspite of service to contest the petition.

Petitioner has led his evidence. The Petitioner himself appeared as AW1 and tendered his affidavit Ex. AW1/1 as examination in chief broadly reiterating his version. Petitioner has examined Mr. Kuljit Singh Sidhu, Senior Advocate as AW2 who tendered his affidavit Ex. AW2/1 as examination in chief supporting the Petitioner''s version. He is one of the marginal witnesses of the Will dated 12.3.1993 Ex. A1 executed by Smt. Bachint Kaur. He has proved its due execution in accordance with the provisions of Section 63 of the Act read with Section 68 of the Evidence Act. Mr. Harnaresh Singh Gill, Advocate AW3 tendered his affidavit Ex. AW3/1 as examination in chief. He is son of Mr. Ujjagar Singh Gill since deceased, the other attesting witness of the Will. This witness has identified the signature of his deceased father as attesting witness of the Will.

I have heard learned Counsel for the Petitioner and perused the case file.

From the unrebutted evidence of the Petitioner, Will Ex. A1 is proved to have been executed by Smt. Bachint Kaur. Necessary requirements of Section 63 of the Act and Section 68 of the Evidence Act have been complied with by examining one attesting witness of the Will and son of the other attesting witness who had died. Respondent No. 3 has admitted the claim of the Petitioner whereas other Respondents did not put in appearance to oppose the claim of the Petitioner. There is, therefore, no impediment for the grant of Letters of Administration of the Will in favour of the Petitioner as asked for.

For the reasons aforesaid, the instant petition is allowed. Letters of Administration of Will dated 12.3.1993 Ex. A1 executed by Smt. Bachint Kaur in favour of the Petitioner, therefore, be issued in favour of the Petitioner on payment of necessary duty etc. in accordance with law.