PERMOD KOHLI.J - (1.) THIS is a petition for grant of probate under Section 276 of the Indian Succession Act, 1925 (Act No. 39 of 1925) (hereinafter referred to as a "the Act") filed by National West Minister Bank named as one of the executors in the will dated 6.12.1993, allegedly executed by Mr. Paul Gill alias Darshan Singh Gill. It is alleged that late Mr. Paul Gill was a Non- resident Indian having his permanent place of residence at 10, Wellington Court Clare Road Stanwell Middlesex, England. Mr. Gill is said to have died on 8.2.1995. The will sought to be probated is said to be the last testament of Mr. Paul Gill. It is further stated that the testator has bequeathed his movable and immovable properties in favour of petitioner and respondent Nos. 2 to 4. The deceased had named other beneficiaries also. It is also alleged that the mother of the deceased Paul Gill, pre-deceased him and Mr. Paul Gill has left behind Vikas Singh Gill as the Class I heir and other legal representatives under the will - respondent Nos. 2 to 4, The particulars of properties movable and immovable governed by the will are detailed in Annexures P-3 and P-4 with the petition. At the time of filing of the petition, a Xerox copy of the Will dated 6.12.1993 was filed. From the will, it appears that the deceased has bequeathed properties mentioned in paragraph 5 to his son Vikas Singh Gill and his wife Paramjit Kaur Gill and some amounts to certain persons named in paragraph 4. The deceased has also declared the petitioner-Bank as a beneficiary in respect to his residuary estate as detailed in paragraph 7 of the will, for the purposes indicated therein.
(2.) THIS petition is opposed by respondent No. 2 on variety of grounds. It is mentioned that the deceased never executed any will. Even the relationship of respondent No. 3 with respondent No. 2 as his wife are disputed. It is further mentioned that Smt. Inderjit Kaur wife of Paul Gill is still alive. Respondent No. 2, however, claimed that he is the only Class I legal heir of deceased Paul Gill and entitled to inherit all his estate. He has also mentioned in paragraph 9 that the will sought to be probated is subject matter of challenge in the Civil Court at Ludhiana. It is accordingly contended that in view of the fact that the will is under challenge in the civil court, probate cannot be issued. In the Probate Petition in paragraph 10, it is stated that no petition for probate on the basis of the will in question has been made in any other court. During the pendency of these proceedings, the petitioner placed on record order dated 22.8.1995 granting probate of the will in question by the High Court of Justice, the District Probate Registry at Bristol. However, learned counsel appearing for respondent No. 2 objected to the order on the ground that the same has not been duly authenticated. Vide order dated 12.5.2003, the original order was returned back to the learned counsel for the petitioner with liberty to again file the same after getting the same authenticated in accordance with law. Thereafter an authenticated order was placed on record and the matter was considered by this Court. Hon'ble Mr. Justice Hemant Gupta passed a detailed order/admitting the order dated 22.8.1995 granting probate and following observations were made on 17.2.2005 :- "Consequently, it is held that the order dated 22.8.1995 produced by the petitioner is duly certified and authenticated copy of the order and thus admissible in evidence."
(3.) THIS order has not been challenged in any manner. As a consequence of the aforesaid order, the order granting probate has been taken on record and is admitted in evidence before this Court. Now two questions arise for consideration - (i) whether the probate granted by the High Court of Justice, the District Probate Registry at Bristol can be operated upon in respect to the properties of Mr. Paul Gill situated within India and/or outside India ? (ii) whether this Court in exercise of jurisdiction under Section 276 of the Act can grant a second probate, if so, the procedure to be adopted for grant of such probate ?;