Petitioner dismissed seeking withdrawal of funds in a deposit account, citing a will. Court noted it could not adjudicate will validity without legal heirs.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 1216 of 2009 (O&M)
Date of Decision: 5.3.2009
Dr. Kusha Puri
... .Petitioner
Versus
M.A.C.T., Karnal and others
... Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Ms. Rahish Pahwa Dudeja, Advocate for the petitioner.
RAJESH BINDAL J
The challenge in the present petition is to the order passed by the learned Court below whereby the application filed by the petitioner for withdrawing the amount lying deposited in the name of deceased Gianwati is sought to be withdrawn by the petitioner by claiming that she has inherited the property of the deceased by way of a Will. Learned Court below has observed that in case the petitioner is claiming the property of the deceased on the basis of a Will she should get succession in her favour. Such a finding by the learned Court below cannot be faulted with as in the application filed by the petitioner for release of the amount lying deposit in the name of deceased, the Court cannot opine on the validity of Will as no other legal heir who may be entitled to inherit the estate of deceased Gian Wati was before the Court.
Dismissed.
(RAJESH BINDAL) 5.3.2009 JUDGE Reema
Dr. Kusha Puri
M.A.C.T., Karnal
Rajesh Bindal
As recorded by the court registry
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