Allowed

Charanjit Kaur and Anr. v. General Public

Punjab & Haryana HC8 Sept 2009PBT/2/2009

Case brief

AI extract

What is this about?

This petition under Section 276 of the Indian Succession Act, 1925 sought grant of probate for a registered Will dated 23.03.2005. The Will, executed by Dr. Jagjit Singh Chauhan, was uncontested as the General Public respondent did not appear. The court recorded evidence from the petitioner wife and the executors, accepted the Will's validity, and allowed the grant of probate.

What did the court decide?

Petition allowed; original Will to be kept in safe custody; Registry directed to issue probate to petitioner after payment of court fees.

Charanjit Kaur and Anr. Vs General Public — Succession and Inheritance | Punjab & Haryana HC (2009)

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Probate No. 2 of 2009 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Probate No. 2 of 2009 Date of decision: September 08, 2009

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Charanjit Kaur and another

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........ Petitioners

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Versus

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General Public .......Respondent(s)

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Coram: Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Mr. M S Jandiala, Advocate for the petitioners

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None for the respondent

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-.-

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporter or not?

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Whether the judgment should be reported in the Digest?

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Nirmaljit Kaur, J.

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This is a petition under Section 276 of the Indian Succession Act, 1925, for grant of probate in respect of registered Will dated 23.03.2005, executed by late Dr. Jagjit Singh Chauhan.

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Vide Civil Misc. No. 13402 CII of 2009, the original Will dated 23.03.2005, was ordered to be taken on record on 29.05.2009 and the Registrar Judicial was directed to keep the same in a sealed cover in save custody. Thereafter, notice of motion was issued for 22.07.2009. Since, the General Public was the only respondent, it was ordered that the respondent be served

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Probate No. 2 of 2009 2

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through publication in ‘The Tribune (English)’ and ‘Punjab Tribune.’ As per the report of the Registry, the publication to serve the respondent was duly made in ‘The Tribune English’ and ‘Punjabi Tribune.’ Copies of publication notice appeared in both the newspapers dated 24.08.2009 (aforementioned) has been placed on record as Ex. PC and PD, respectively. In spite of that, no one appeared on behalf of the General Public- respondent to contest the Will in question. Smt. Charanjit Kaur wife of late Dr. Jagjit Singh Chauhan, i.e. petitioner No. 1, appeared and tendered her affidavit dated 08.09.2009 in evidence by way of examination-in-chief, which is taken on record as Ex. PA. Shri. Kamaljit Singh appeared and tendered his affidavit dated 08.09.2009 in evidence by way of examination-in-chief, which is taken on record as Ex PB. Thereafter, the learned counsel for the petitioners closed his evidence. No one appeared on behalf of the respondent-general public to cross examine the witnesses.

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In her affidavit, EX PA, it is stated that petitioner No. 1, Charanjit Kaur, is legally wedded wife of late Dr. Jagjit Singh Chauhan and petitioner No. 2-Rupinder Singh Mangat, was the real son of her real sister. It is further stated that no child was born out of the wed lock with the deceased Dr. Jagjit Singh Chauhan. It is also stated that there is no other legal heir of the deceased Dr. Jagjit Singh Chauhan, except petitioner No.1. A copy of the death certificate has been placed on record as Annexure P-2. The registered Will dated 23.03.2005 has already been taken on record vide C M No. 13402 CII of 2009.

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According to affidavit dated 08.09.2009, EX PB, furnished by Kamaljit Singh, the Will dated 23.03.2005 was bequeathed by Dr. Jagjit Singh

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Probate No. 2 of 2009 3

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Chauhan, which was got typed by Dr. Jagjit Singh Chauhan in his presence. It is also stated that he, along with Dr. Jagjit Singh Chauhan and another witness, namely, Ujagar Singh, Numberdar of Village Urmur appeared before the Sub Registrar Tanda, District Hoshiarpur and signed the Will dated 23.03.2005 in the presence of Sub Registrar, Tanda. It is also stated that he identified the signatures of Dr. Jagjit Singh Chauhan, appended on the Will dated 23.03.2005. It is further stated that the Sub Registrar Tanda, District Hoshiarpur also got signatures on the endorsement of the Will from the executant of the Will and the witnesses in his presence and put his signatures and seal thereupon.

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The Will dated 23.03.2005 is uncontested. No one appeared on behalf of the general public-respondent, to contest the same. Taking note of the fact that the same is a registered Will, the present petition under Section 276 of the Indian Succession Act, 1925, for grant of probate of the Will dated 23.03.2005, is allowed in favour of the petitioners. The original Will, which has been ordered to be put in a sealed cover and kept in the safe custody with the Registrar (Judicial) of this Court, shall be made available to the petitioners on joint demand, in accordance with law. The Registry is directed to issue probate of the will in favour of the petitioner, in accordance with the law, after payment of necessary Court fee.

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(Nirmaljit Kaur) Judge

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September 08, 2009 mohan

Charanjit Kaur and Anr. v. General Public

Case brief

What is this about?

What did the court decide?

Charanjit Kaur and Anr. v. General Public

Case brief

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What did the court decide?

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