- (1.) By way of this petition, the petitioners who are claiming to be trustees pursuant to the Will of the person, namely; Raja Bahadur Sardar Singh of Khetri (hereinafter referred to as the deceased in the petition).
(2.) It will not be out of place to mention that the testator was the Member of Constitute Assembly of the Constitution of India and he was owning different properties within the State of Rajasthan and in Delhi which are referred in Schedule-'A' which reads as under : Properties of Raja Bahadur Sardar Singh of Khetri S No. Details of the Property District Name of the Village and Township Approximate Value Remarks 1 Khetri House, 5, Sardar Patel Road Delhi New Delhi Rs. 4,00,000.00 Value accepted by wealth tax office 2 Hotel Khetri House Jaipur Jaipur City Rs. 4,00,000.00 25775 Sq. Yds of land within the house under sale agreement with Hind Cooperative Housing Society. 3 Kothi Sukh Mahal Jhunjhunu Khetri Rs. 2,00,000.00 4 Kothi Jai Niwas Jhunjhunu Khetri Rs. 2,00,000.00 5 Kothi Amar Hall Jhunjhunu Khetri Rs. 75,000.00 6 Nizamat Tehsil Building Jhunjhunu Khetri Rs. 1,50,000.00 Sale of the Govt. of Rajasthan negotiated for Rs. 2,64,000/- 7 Ajit Niwas Bagh Farm Jhunjhunu Dhadha Rs. 2,00,000.00 Area 95 Kacha Bigha 8 Record Room Jhunjhunu Khetri Rs. 30,000.00 9 Haveli Prohitji Wali Jhunjhunu Khetri Rs. 25,000.00 10 Dera Brijlalji Wala Jhunjhunu Khetri Rs. 5,000.00 11 Farrash Khana Jhunjhunu Khetri Rs.10000 12 Chabutra inside Town Jhunjhunu Khetri Rs. 500.00 13 Tin-shed Mela Gugaji Jhunjhunu Mehara Jatuwas Rs. 500.00 14 Sabka Patwar Ghar Jhunjhunu Papurna Rs. 500.00
(3.) Immediately on the death of the original owner of the property on 28.01.1987, one of the petitioners informed to the competent authority on 14.02.1987, as referred to the SDO Khetri that Raja Bahadur Sardar Singh has expired on 28.01.1987 at Bombay and had submitted the attested copy of the Will and that death certificate was also forwarded to him. It was also stated that by virtue of the Will, Khetri trust is created and four trustees to whom he has bequeathed all his movable and immovable property which may be noted in the record. However, the proceedings were initiated by the State Government pursuant to the order of one Deputy Secretary on 03.07.1987 (Annexure-16) which reads as under : ...[VERNACULAR TEXT OMITTED]... ;