Girdhari Lal Bhat vs The State and Others

D.B. Khanna, J.

(1) This is a petition moved u/s 276/279read with the first proviso to Section 273 for grant of letters of Administration with respect to the estate of late Shri Maha Nand Bhat who had died on12-5-1979 in Delhi. The applicant is the deceased''s eldest son, namely,Girdhari Lal Bhat. Respondent No. 3 is the daughter of the deceased, while respondents Nos. 4 and 5 are the sons of the petitioner. They have filed reply to the effect that they have no objection to the grant of letters of Administration in petitioner''s favor. Respondent No. 2 Triloki Nath is the another son of the deceased, who has been disinherited by the deceased with regard to his self acquired property. He has not appeared to contest THE petition.

(2) A notice for public was issued in the newspapers. None has appeared to contest the petition.

(3) EX. ''A'' is the registered Will dated 6-5-1971 which late Shri MahaNand Bhat executed in Delhi. It is in Urdu, and its English translation has-been filed on record. The scribe of this Will has been examined as Public Witness 3,Mukand Lal Khanna. He has deposed that the deceased had brought the draft with him, and then he prepared the Will Ex. A-1. This was signed bythe deceased, and attested by the two witnesses then. A copy of the entry in his registers Ex. Public Witness 3/1. The witness is a regular petition writer.

(4) The two witnesses of the Will were Shri J.L. Wangoo and ShriMulkh Raj Kwatra. The former is dead and his son was examined as Public Witness 2Hari Kishan Wangoo. He testified to the signatures of his father on the Will.Mnikh Raj Kwatra was stated to be a lawyer in Delhi, but now has gone to Canada where his son is living, and he is almost settled there. He is stated to be 82 years of age. His son Public Witness 4 Yog Raj Kwatra testified Ills signatures on the Will. According to him, his father may not be coming back to this country .

(5) The petitioner has also testified to the execution of the Will by the deceased ,and his signatures thereon.

(6) The petitioner has also moved an application u/s 69 of the Evidence Act, praying that the Will should be treated as proved. The only attesting witness of the will who is alive, is at present in Canada, and is therefore ,not subject to the process of the Court. This witness being thus outside the jurisdiction of the Court, cannot be compelled to make personal appearance .He is at present at a place where his presence cannot be procured, specially when he is now 82 years old.

(7) I, Therefore, considering the evidence on record treat the Will Ex.''A'' as proved. Ex. P. I is the copy of the death certificate, showing that the deceased died on 12-5-1979 at the ripe age of 82. Ex. Public Witness 1/5 is the estate duty clearance certificate.

(8) The Will gives out the circumstances under which respondent No. 2was disinherited with regard to the self-acquired property of the deceased. He is, however, entitled to share the ancestral property.

(9) Considering the evidence on record. Letters of Administration is granted in petitioner''s favor with regard to the estate of the deceased ShriMaha Nand Bhat.

(10) He shall administer the estate strictly in accordance with the Will executed by the deceased. He shall execute the administration bond as required by Section 291 of the Indian Succession Act, 1923, and shall disburse the estate in terms of the Will. He shall also file inventory and accounts as required by Section 317 of the Indian Succession Act. The Court fee be also deposited.