IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MRS.JUSTICE S. SUJATHA PROBATE CIVIL PETITION No.6/2018 BETWEEN:
MR. PARMINDER SINGH DHARIWAL S/O LATE MR.CHANAN SINGH DHARIWAL AGED ABOUT 58 YEARS PRESENTLY R/A NO.70 WAYE AVENUE, CRANFORD HOUNSLO MIDDLESEX, LONDON, UK.
AND ALSO AT: 30, POLISETTI ENCLAVE VIKRAPMURI SECUNDERABAD-500009 NOW REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR. DHIRAJ RAWAL SON OF LATE MR.MANOHARLAL RAWAL AGED ABOUT 67 YEARS. ... PETITIONER (BY SRI.DEEPAK, ADV.) AND:
MRS. PRABHJIT J DHARIWAL AGED ABOUT 61 YEARS R/A NO.204, SILVER OAKS GARDEN APARTMENTS 21, VITTAL MALLYA ROAD BANGALORE.
PRESENTLY R/AT: 1103, SILVER OAKS, GREEN VALLEY, VAMPWARI, PUNE-411040. ... RESPONDENT (BY SRI.SANTHOSH S NAGARALE, ADV. FOR SRI.SHIVARUDRAPPA SHATKAR, ADV.) THIS PETITION IS FILED UNDER SECTIONS 273 AND 276 OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW THE PETITIONER TO PROVE THE LAST WILL AND TESTAMENT OF MR.JAJIT SINGH DHARIWAL (DECEASED) DATED 09.10.2014, AND THE WILL DATED 17.09.2014 COMMON FORM AND THAT PROBATE THEREOF BE GRANTED AND TO EFFECT THROUGHOUT UNION OF INDIA AND EQUITY AND ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY THE COURT MADE THE FOLLOWING: -
ORDER This petition is filed under Sections 273 and 276 of the Indian Succession Act, 1925, by the petitioner seeking to prove the last Will and testament of Mr. Jagjit Singh Dhariwal dated 17.09.2014, registered on 26.09.2014 and for the probate to effect through out Union of India.
2. The petitioner submits that the respondent – Mrs. Prabhjit J. Dhariwal has been appointed as sole executor to the last Will of Mr. Jagjit Singh Dhariwal. The petitioner is claiming to be one of the beneficiary of the last Will of Mr. Jagjit Singh Dhariwal. This Court through the order dated 22.03.2019 permitted the petitioner to take out citation by way of paper publication in “The Pioneer” (English), “Desh Sewak” (Vernacular) of Mohali and Punjab, Vijayavani (Vernacular) and “The Indian Express” (English) Bangalore and also “The Indian Express” Pune Edition. The publication has been made and the same has been brought on record. No person has approached the Court opposing the petition or making claim with regard to the Estate left behind by the deceased.
3. On the other hand, the respondent - Mrs. Prabhjit J. Dhariwal has filed an affidavit dated 04.12.2018 before this Court, wherein it is categorically stated in paragraph 6 as under :-
“6. I state and submit that the petitioner the above has filed this petition seeking for Prabate of the Will. I hereby state and declare that I have no Objection for Probating the Will as it is the Last Will of my deceased husband Mr. Jagjit Singh Dhariwal.”
Dr. Sugandhi Gopal, one of the witnesses to the last Will and testament in question, has filed the affidavit stating that she was present before the testator at the time of execution of the Will and saw the testator affixing the signature as witness in her presence and the other witnesses have attested their signature to the said Will as witnesses.
4. Learned counsel for the respondent has no objections to allow this petition and to grant the probate as sought for.
5. This Court having perused the documents which have been referred to above, is of the considered view that the petitioner has proved the registered last Will and Testament of Mr. Jagjit Singh Dhariwal and is entitled to the relief claimed in the petition.
6. Accordingly, the petition is allowed. The registered last Will and Testament dated 17.09.2014 registered on 26.09.2014 executed by late Mr. Jagjit Singh Dhariwal are held to be proved. The petitioner is entitled to grant of probate in respect of the same. The probate shall be issued on payment of the required court fee. The petitioner shall file the list of inventories within six months and accounts within one year from the date of the grant of Probate.
With the aforesaid observations and directions, the petition stands allowed.
Sd/- JUDGE NG* Ct: bms