A.P. Chowdhri, J. - (1.) This appeal Is directed against the order dated 28-5-1988 passed by the learned Additional District Judge, Chandigarh, granting probate under Section 276 of the Indian Succession Act, 1925, in favour of the petitioner. The material facts of this case are that Shri Hardial Singh Sekhon, the maker of the will, was married to the petitioner Shrimali Gurdeep Kaur in the year 1964. Shri Hardial Singh Sekhon was an I.P.S. Officer and at the time of making the will he was posted as Inspector General of Police (Computerisation) Punjab, at Chandigarh. He had two children-a son Lajeshwar Singh, bom in 1968 and a daughter Miss Taranjot Kaur bom in 1972 from his marriage with the petitioner. He executed will Exhibit P.2 on 21-5-1986. The will was attested by Shri Mohinder Singh, Retd. Executive Magistrate, Union Territory, Chandigarh, and Shri Manmohan Singh, D.P.I. (Schools), Union Territory, Chandigarh. On the day following the execution of the will Shri Hardial Singh Sekhon suffered the first heart attack while he was attending his office. He was admitted to the Post Graduate : Institute of Medical Sciences and Research (for short P.G.I.) at Chandigarh. He remained in the intensive care unit of the said hospital till 31-5-86. When his condition improved he was shifted to the private ward. On 8-6-1986, while still in the private ward he made a codicil Exhibit P-1 dated 8-6-1986. The codicil was attested by Dr. S.K. Aggarwal, M.R.C.P. and Shri Lal Singh, a retired Joint II Director, Food and Supplies, Punjab, both residents of Kapurihala. The same evening Shri Hardial Singh Sekhon handed over the original codicil Exhibit P-1 to a friend of his named Ved Bassi (P.W. 3), who had gone to enquire about his health in the P.G.I. at about 5 p.m. Later in the evening Shri Hardial Singh Sekhon suffered a massive heart attack and he expired at 7.40 p.m. Ved Bassi (P.W. 3) handed over the original will and codicil to the petitioner on 28-6-1986 on his return from Delhi where he had gone early in the morning on 9-6-1986.
(2.) The broad features and depositions made in the will Exhibit P-2 are The mother was given income from the agricultural lands situated in villages Wadala and Daud, district Amritsar, for her life time, besides the amount on insurance policy taken by Shri Sekhon in the name of his mother. He bequeathed to his daughter all his self acquired immovable property and his share of the HUF property, the amount of insurance policy in which the nominee was his daughter. He also willed that the entire money in banks and all other movable property such as cash, scooter, telephone owned or possessed by him will go to his daughter. With regard to benefit which were to accrue to Shri Sekhon from the Government, he bequeathed the same in favour of his wife Shrimati Gurdeep Kaur. He mentioned the fact that his son Lajeshwar was brilliant in studies. He had broken the record by securing 97 percent marks in Matriculation and had been declared eligible for a scholarship of U.S. $ 2000 per month for his studies abroad and Rs. 2000 per month in India up to Doctorate level. His admission to prestigious Colleges/Universities abroad was assured and a glorious future-financial as well as otherwise awaited him. His son was likely to settle abroad after completion of his education and was inclined to settle there permanently. It was, therefore, not considered worthwhile by Shri Sekhon to settle properties in general and immovable properties in particular on his son. He also mentioned the fact in the will that he had devoted a lot of thinking spread over a long period in making a proper settlement regarding his properties after death. He entrusted the will to his old trusted friend Mr. Ved Bassi with the direction that he shall pass on the will to his wife after his death. He appointed his wife as executrix of the will.
(3.) In the codicil Exhibit P.1 Shri Sekhon modified the disposition made in the will Exh. P.2 It was mentioned in the codicil that the various retirement benefit falling to the share of his wife in terms of the will shall be utilized by her in her sole discretion for the benefit of his son Lajeshwar Singh till the latter attained the age of 21 years. He confirmed the will dated 21st May, 1986.;