Decided on September 18,2007

STATE Respondents


SANJAY KISHAN KAUL, J. - (1.) The petition has been filed under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration with a copy of the Will annexed in respect of last Will and testament of late Mrs Kuldip Kaur. It is stated that Ms. Kuldip Kaur was residing in Delhi when she passed away on 05.04.1993 and left behind her last Will and testament dated 06.04.1968 bequeathing her interest in property C-560, New Friends Colony measuring 500 square yards to Ms.Kawaljit and the petitioner in equal shares. The petitioner is stated to be the real niece of the testator (daughter of the real brother of the testator). Similarly Ms.Kawaljit Kaur Mehta is also stated to be the niece (daughter of the sister of the testator, Ms. Paramjeet Kaur). The deceased got married in 1930 to one Mr.Sodhi Kartar Singh. There were matrimonial discord inasmuch as Mr.Sodhi Kartar Singh is stated to have joined the company of another woman. There were no children borne out of that wedlock and the testator is stated to have been looked after by her immediate relations being the said beneficiaries under the Will.
(2.) The Will in question is registered and is signed by Mr.Manmohan Kalra and Mr. Davinder Kumar Vij as the attesting witnesses. The father of the testator was also a practising advocate. A certified copy of the Will has been filed as also the death certificate of the testator. The Original Will is stated to be on the records of the case pertaining to FIR No.534/1999.
(3.) The statement of Sub Inspector Pradeep Kumar was recorded on 18.11.2005 that he had produced the record pertaining to the said FIR which was pending trial in the Court of Digvinay Singh, MM, Patiala House. The Will seized by the IO had been filed along with the documents in the Criminal Court. The petitioner has filed her affidavit of evidence claiming to be the nearest legal heir who is the beneficiary under the Will. A copy of the death certificate has been proved as ExPW1/1 and the certified copy of the Will as PW1/2. The General Power of Attorney in favour of Mr. S.C.Ladi for institution of the petition has been proved as ExPW1/3. A separate affidavit has also been filed by Sh. S.C.Ladi, attorney of the petitioner.;

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