GURTEJ SINGH Vs. STATE

JUDGEMENT

(1.) AS per the service report respondent no.2 is not residing at the given address. However, Mr. Kundan Kumar Lal, Advocate has entered appearance on behalf of respondent no.2. Respondent no. 4 (a) to (d) has not appeared despite service. Since short point is involved arguments heard and trial court record perused and by this order appeal is being disposed of.

(2.) RESPONDENT no. 2 filed a petition before the trial court for grant of Letter of Administration with the Will dated 31st July, 2003 of Late Shri Bali Singh (Testator) annexed. Appellant was impleaded as respondent no.2; whereas respondent nos. 3 and 4 in present appeal were impleaded as respondent nos. 3 and 4 in the said petition. Respondent no. 4 died during the pendency of petition before the trial court and her legal representatives were impleaded as respondent nos. 4 (a) to 4 (d). By the impugned judgment, trial court has allowed the petition of respondent no.2 and has ordered for issuance of Letter of Administration with the copy of Will dated 31st July, 2003 (Ex. PW1/2) annexed, subject to furnishing of administration bond for Rs.21,72,260/ - with one surety in the like amount. Aggrieved by the judgment of trial court, appellant has preferred this appeal.

(3.) RESPONDENT no.2 filed a petition before the trial court on 21st November, 2006 alleging therein that his father Late Shri Bali Singh died on 7th September, 2003. He was permanent resident of Delhi. Prior to his death Shri Bali Singh executed his last Will dated 31 st July, 2003 duly registered with the Sub Registrar, North -West -VI A, Model Town, Pitampura, Delhi vide document no. 29947 Book No. III Volume 2912 at pages 24 to 29. It was alleged that original Will was in the custody of his brother, namely, Shri Gurmeet Singh, that is, respondent no.3. Will was duly executed by the Testator in presence of two witnesses, namely, Shri Inderjeet Singh S/o Shri S. Basant Singh R/o B -4/A, Sawa Park, Ashok Park, Phase -IV, Delhi and Shri Balvinder Singh S/o Shri S. Kartar Singh R/o 802, Hem Shikha Colony, Near CRP Camp, District Panchkula, Haryana, in full disposing mind. Respondent no.2 further alleged that his mother Smt. Surjeet Kaur expired on 9th June, 2004. Testator left behind appellant and respondent nos. 2 to 4 as his legal heirs. Vide Will dated 31st July, 2003, Testator bequeathed his two properties in the following manner : -