High Court Punjab-Haryana High Court

Mrs. Gurjeet Sidhu vs General Public And Ors on 7 July, 2009

Punjab-Haryana High Court
Mrs. Gurjeet Sidhu vs General Public And Ors on 7 July, 2009
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                               CASE NO.: Probate No.7 of 2008
                               DATE OF DECISION : July 3,2009



Mrs. Gurjeet Sidhu                                 .......Petitioner

                          versus

General Public and Ors.
                                                 ......Respondents


CORAM :     HON'BLE MS. JUSTICE NIRMALJIT KAUR


PRESENT: Ms. Harpreet Kaur Dhillon, Advocate
         for the petitioner.

            Ms. Geeta Sharma, Advocate
            for the respondents.


NIRMALJIT KAUR, J.

This is a petition under Section 276 of the Indian Succession

Act, 1925 for grant of probate of the Will of late AVM Harbinder Singh

Sidhu, who died on 17-10-2002. On 21-10-2000, AVM Harbinder Singh

Sidhu executed his last Will and testament in the form prescribed by the Air

Force Authorities which was duly attested by Wing Cdr. R.S. Yadav

(14036) and Sq. Ldr. T.P. Vyas (18315-K), vide which he bequeathed his

entire property, both movable and immovable property, wheresoever and

of whatever nature and quality so ever to his wife Gurjeet Sidhu. The

original Will was retained by the Air Force Authorities and was appended

as Appendix A to AFO 303/76 along with Form A i.e. nomination for death

cum retirement grants dated 21-10-2000, in the service file of the

deceased.

Gurjeet Sidhu widow of AVM Harbinder Singh Sidhu has filed
Probate No.7 of 2008 -2-

the present petition to prabate the last Will and testimony dated

21-10-2000 in her favour. AVM Harbinder Singh Sidhu died on 17-10-2002

at Fortis Hospital, Mohali, leaving behind his widown Gurjeet Sidhu and

three daughters, Gagandeep Kaur, Ritinder Kaur and Aminder Kaur. The

true copy of the death certificate is on record. AVM Harbinder Singh Sidhu

executed a Will, in question, on 21-10-2000 when he was posted at

Nagpur, in the form, prescribed by the Air Force Authorities. The same was

attested by the Wg. Cdr. R.S. Yadav (14036) and the Sqn. Ldr. T.P. Vyas

(18315-K). The original Will dated 21-10-2000 has been attached with the

petition as P-2. The Will was supplied to Gurjeet Sidhu by the Air

Headquarters, Vayu Bhavan, New Delhi on 10-06-2008. Direction to

publish the notice in the Tribune (English Edition) as also Punjab Kesri

(Hindi Edition) was duly given. Notice published in the Tribune (English

Edition) Chandigarh dated 15-09-2008 as well as in Punjab Kesri (Hindi

Edition), Ludhiana dated 13-09-2008 have been placed on record as Mark

`A’ and `B’, respectively. Respondents no.2 to 4 put in appearance through

their counsel Ms. Geeta Sharma who stated that they did not wish to file

written statement as she had instructions to State that the Will dated 21-10-

2000 is the last valid Will of Air Vice Marshal Mr. H.S. Sidhu. Accordingly,

the following issue was framed :-

“(i) Whether the Will dated 21-10-2000 is the last
valid Will of Air Vice Marshal Mr. H.S. Sidhu. OPP?”

Petitioner-Gurjeet Sidhu widow of late Air Vice Marshal

Harbinder Singh Sidhu, in order to prove the Will, has appeared hereself

as PW-1 and tendered her evidence by way of affidavit dated 16-02-2009

as Exhibit PA. She also tendered the original Will in vernacular

dated 21-10-2000 as Ex.P-1. The petitioner also examined Wing
Probate No.7 of 2008 -3-

Commander R.S. Yadav (Retired) son of Randhir Singh (PW-2) and Wing

Commander T.P. Vyas son of Y.R. Vyas (PW-3) who appeared and

tendered their evidence by way of affidavit dated 16-02-2009 as Exhibit PB

and PC, respectively. Gurjeet Sidhu widow of late Air Vice Marshal

Harbinder Singh Sidhu stated on affidavit that her husband AVM H.S.

Sidhu died on 17-10-2002 leaving behind her, the deponent and three

daughters, namely, Aminder Kaur, Ritinder Kaur and Gagandeep Kaur.

Her husband AVM H.S. Sidhu had executed his last Will on 21-10-2000

when he was posted at Nagpur, in the form prescribed by the Air Force

Authorities, which was duly attested by the then Wing Cdr. R.S. Yadav

(14036) and the then Sq. Ldr. T.P. Vyas (18315-K) vide which he

bequeathed his entire property, both movable and immovable, whatsoever,

wheresoever and of what nature and quality so ever to her, and appointed

her as sole executor of the Will. The original Will dated 21-10-2000 has

already been attached with the petition as part of Annexure P-2 and its

photocopy is being filed here along with the affidavit. The Will was supplied

to her by the Air Force, Headquarters on 10-06-2008. She recognise the

signatures of her husband on the Will.

PW-2 Wing Commander R.S. Yadav (Retd.) son of Randhir

Singh resident of House No.812, Jalvayu Towers, Sector 56, Gurgaon

stated on affidavit that he was posted as Wing Commander at Nagpur in

the year 2000. AVM H.S. Sidhu was his fellow officer and was also posted

at Nagpur in the year 2000. PW-3 Wing Cdr. T.P. Vyas son of Y.R. Vyas

resident of 2-SA-8 Partap Nagar, Jodhpur, Rajasthan stated on affidavit

that he was posted as Sq. Ldr. at Nagpur in the year 2000. AVM

H.S. Sidhu was his fellow officer and was also posted at Nagpur in the
Probate No.7 of 2008 -4-

year 2000. Air Vice Marshal Harbinder Singh Sidhu executed a Will on

21-10-2000 at Nagpur. Thus, both the witnesses PW-2 Wing Commander

R.S. Yadav (Retd.) and PW-3 Wing Cdr. T.P. Vyas have proved the Will.

Air Vice Marshal Harbinder Singh Sidhu executed a Will on 21-10-2000 at

Nagpur. Both PW-2 Wing Commander R.S. Yadav (Retd.) and PW-3 Wing

Commander T.P. Vyas have stated in the affidavit that AVM H.S. Sidhu &

they themselves were present when the said Will dated 21-10-2000

was executed by AVM H.S. Sidhu. AVM H.S. Sidhu appended his

signatures to the Will in their presence. In the presence of AVM H.S. Sidhu

and in the presence of each other, both PW-2 and PW-3 appended their

signatures to the Will as witnesses. They have seen the photocopy of the

said Will dated 21-10-2000 (the original Will is attached with the petition).

They recognize the signatures of AVM H.S. Sidhu, their own as well as of

each other. A photocopy of the said Will was attached with their affidavits.

After executing the said Will, AVM H.S. Sidhu submitted it to his Office as

per the requirements of AIR Force Instructions.

Due opportunity was granted to respondents No.2 to 4 to

cross-examine the witnesses. The witnesses were not examined despite

due opportunity and in fact, it was stated by the learned counsel that she

had instructions to State that the Will dated 21-10-2000 is the last valid Will

of Air Vice Marshal Mr. H.S. Sidhu. Learned counsel for the respondents

also stated at bar that the respondents do not want to lead any evidence

and the evidence, in this regard, be closed. The evidence of the

respondents was, accordingly, ordered to be closed vide

order dated 25-05-2009. No other person from the General Public has
Probate No.7 of 2008 -5-

come forward to file any objection.

The facts, narrated above, are self explanatory. Two

witnesses, namely, PW-2 Wing Commander R.S. Yadav (Retd.) son of

Randhir Singh and PW-3 Wing Cdr. T.P. Vyas have appeared and

tendered their evidence through affidavit and admitted that AVM Harbinder

Singh had signed in their presence. Each of the two witnesses had

appended their signatures on the Will as witnesses in the presence of

each other as well as in the presence of AVM H.S. Sidhu. It was further

submitted in the affidavit that after executing the said Will, AVM Harbinder

Singh submitted the same to his Office as per the requirement of Air Force

instructions. It is further stated that they had seen the photocopy of the

original Will dated 21-10-2000 and they recognize the signatures of AVM

H.S. Sidhu as well as their own signatures and that of their other

witnesses. PW-1 has also appeared and tendered her evidence in the

form of affidavit. Thus, the Will dated 21-10-2000, placed as P-2, is not

disputed and in fact, duly admitted on behalf of the three daughers of the

deceased that the Will dated 21-10-2000 is the last valid Will of Air Vice

Marshal Harbinder Singh Sidhu. The only issue, is therefore, decided in

favour of the petitioner.

In view of the above facts and circumstances and keeping in

view that there is no opposition to the grant of probate of the Will dated

21-10-2000 and the counsel appearing on behalf of all the three daughers

of the deceased have stated that the Will may be accepted, the present

petition under Section 276 of the Indian Succession Act, 1925 for grant of

probate of the Will of late AVM Harbinder Singh Sidhu is allowed in favour
Probate No.7 of 2008 -6-

of Gurjeet Sidhu wife of late Air Vice Marshal Harbinder Singh Sidhu

resident of House No.34, Sector 11-A, Chandigarh.The Registry to issue

probate of the Will in accordance with law and after payment of necessary

Court fee.

(NIRMALJIT KAUR)
JUDGE
July 3, 2009
gurpreet

Whether to be referred to the Reporter : Yes / No