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Judgment
Indermeet Kaur, J.—This is a petition u/s 276 of the Indian Succession Act for grant of probate of the Will dated 02.9.1996 made by the deceased Smt. Harbans Kaur.
Deceased Smt. Harbans Kaur died on 08.10.2002. She had one son and two daughters. Her son Sh. S. Gurchanran Singh had predeceased her and had left behind four legal heirs namely Smt. Ambika Siddan his widow, two sons Sh. Gurbinder Singh Siddana and Sh. Bhavdeep Singh Siddana and one daughter Smt. Harneet Kaur Siddan. They have been arrayed as respondent Nos. 4 to 7. Deceased had two daughters Smt. Maninder Pal Kaur and Smt. Joginder Kaur; they have been arrayed as respondent Nos. 3 and 4. The petitioner is the daughter of respondent No. 3. The husband of deceased had predeceased her.
It is stated that executor is not fully conversant with the assets of the deceased which have to be ascertained from the other legal representatives of the deceased. The schedule showing the assets left by the deceased has been annexed as annexure A.
The immovable properties comprise as under:
a) Property No. 5506(new),6907(old) situated on plot No. 1 (western half) Basti Harphool Singh, (north) Ward No. XIV, Sadar Thana Road, Delhi-6.
b) H. No. 5301-2/XXVI, build on leasehold plot No. 336/1, Block D, Khasra No. 3495/336, situated at Basti Rehgarpura, Karol Bagh, New Delhi and now the property known as 5301-2/16 at Hardhian Singh Road, Dev Nagar, Karol Bagh, New Delhi-110005.
c) Property No. 27, Block No. 56, Khasra No. 718/21, Municipal No. 8289 situated at Park Area, Karol Bagh, New Delhi-110005.
d) Property No. 7/5282 situated at Krishna Nagar, Karol Bagh, New Delhi-110005.
e) Property Municipal No. 5291/XVI, built on leasehold plot Khasra No. 3514/337, Block D, situated at Basti Rehgarpura, Karol Bagh, New Delhi-110005.
The movable properties comprise as under:
a) Shares, Debentures and other investments
b) Household articles, furniture etc.
c) Cash in banks or otherwise.
That after the death of Sh. Gurcharan Singh his widow Smt. Ambika Siddana filed false and frivolous cases against the petitioner as also the deceased Smt. Harbans Kaur. Two suits i.e. suit No. 1237/1996 for partition and permanent injunction and suit No. 1501/1996 for rendition of accounts had also been filed by Smt. Ambika Siddana against the petitioner and the deceased. A false and frivolous criminal complaint had also been initiated by her. The purpose of these litigations was to usurp the properties of the deceased Smt. Harbans Kaur.
That the deceased Smt. Harbans Kaur had executed a Will dated 02.9.1996 when she was in good health and sound disposing mind. This Will was executed in the presence of two witnesses Sh. B.B. Bhagat and Sh. Virender Singh. The said Will had been registered in the office of the Sub-Registrar, Delhi on the date of its execution itself i.e. 2.9.1996.
That during her lifetime Smt. Harbans Kaur had disowned and disinherited her daughter-in-law and her children and publication to the said effect had also been effected in the newspaper i.e. "National Herald" on 01.3.2000. The petitioner being the grant daughter of the deceased and being the executor of the Will of the deceased out of love and regard has filed this present petition to preserve the property and distribute it in accordance with the wishes of the deceased. As per the said Will Smt. Maninder Pal Kaur is the only beneficiary of the deceased.
Respondents have been served and they have put in their appearance. They have no objection to the grant of the probate of the Will. No objections have been filed. On 20.8.2007 statement was made on behalf of respondent Nos. 4 to 7 that they do not intend to file any objection. The parties have in fact settled their disputes and a compromise deed dated 17.1.2007 has been placed on record.
Evidence by way of affidavit has been filed by the plaintiff. She i.e. PW-1 has reiterated the averments made in the plaint. The Will dated 02.9.1996 has been proved as Ex.PW-1/1. The statement of Sh. B.B. Bhagat PW-2, the attesting witness, to the Will has been recorded wherein he has deposed that he along with Sh. Virender Singh, the other attesting witness, was present at the time when the deceased Smt. Harbans Kaur had executed her Will. She was in a sound state of mind. The Will has been duly proved.
Publication of these proceedings have been effected in "The Statesman". Valuation report has also since been received. u/s 222 of Succession Act probate can be granted to an executor appointed by the Will. There is no legal impediment as to why the prayer made for in the present petition be not allowed.
The petition u/s 276 of the Indian Succession Act is accordingly allowed and probate of the Will dated 02.9.1996 is granted in the form set forth schedule-VI of the Indian Succession Act. This order is passed subject to the payment of the necessary court fees and on the petitioner executing the administration bond and the surety bond.