M.S.A. Siddiqui, J.

1. This is a petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the Will dated 27th September, 1988 executed by Smt. Sant Kaur Kohli.

2. The petitioner is one of the sons of the testator, namely, deceased Smt. Sant Kaur Kohli, who expired on 21st February, 1997. The testator Smt. Sant Kaur Kohli left behind her surviving four sons and three daughters namely, Shri Tirlochan Singh, S. Swarnjit Singh, S. Surjeet Singh Kohli, S. Jagmohan Singh, Smt. Mohinder Kaur, Smt. Surinder Kaur, Smt. Kuljeet Kaur. The Will is stated to have been executed on 27th September, 1988. By the said Will the testator appointed the petitioner as the sole executor of the Will. At the time of her death, the testator was possessed of the following movable and immovable properties:

MOVABLE PROPERTIESPRESENT ESTIMATED VALUE

Jewellery and Silver wares.Rs. 9,95,000

Loan given to M/s. Ashoka Glass CompanyRs. 90,750

Cash in hand.Rs. 5,000

Credit Balance in Saving Bank A/c No. 31265 in PNB Janpath, Connaught Place, New Delhi.Rs. 31,493.46p.

Silver Utensils weighing 21 kgs.Rs. 1,47,000

House hold goods comprising of furniture and fixture and other

durable articles.Rs. 10,500

Personal effects comprising of

shawls & tussas etc.

Immovable PropertiesRs. 10,000

Half share in residential property B-11, Greater Kailash-I, New Delhi.Rs. 10,00,000





According to Clause 5 of the Will dated 27th September, 1988, the testator bequeathed her properties, both immovable and movable, as under:

5.1. My half share in residential property B-11, Greater Kailash-I, New Delhi would pass on to my son Shri Jagmohan Singh Kohli.

5.2. The plot at Ludhiana would pass on to my daughter Smt. Surinder Kaur. She is already in possession of the property and making use of it. All taxes and levies in respect thereof are being borne by her.

6. Movable properties are divided as under:

6.1. Jewellery comprising of one pound necklace 139.500 gms. is meant for my granddaughter Gunjan Kohli, daughter of S. Swaranjit Singh Kohli.

6.2. One Lachi Har weighing 81.500 gms. is meant for my granddaughter Miss Bandana Kohli, daughter of S. Swaranjit Singh Kohli.

6.3. Jewellery listed in Appendix-I has been handed over to Mrs. Gurtej Kaur wife of S. Swaranjit Singh Kohli. This is meant for her and is hereby bequeathed to her.6.4. Jewellery listed in Appendix-II is meant for Smt. Manjit Kaur wife of S. Jagmohan Singh Kohli and is hereby bequeathed to her.

6.5. The household affects comprising of furniture, fixture and carpets or any other article belonging to me and lying in house No. B-11, Greater Kailash, New Delhi would pass on to my son S. Jagmohan Singh Kohli, inheriting the property.

6.6. Personal affects like Toosh Shawls, Dushala and Jamawar Shawls having significant antique value would pass on equally between my two granddaughters viz. Bandana Kohli and Gunjan Kohli only.

6.7. Out of my movable properties comprising of deposits, fixed deposits in Banks, bank balances and cash, the debit balance against me in the firm M/s. R.S. Avtar Singh & Company would be cleared. Thereafter a sum of Rs. 31,000 be kept apart for charities which would be paid after my death to charitable institutions at the sole discretion of my eldest son S. Iqbal Singh Kohli. He would ensure that the charities are disbursed within one year from the date of my death. The residual amount after discharging my debts, payment of taxes on my estate and taking care of other related outgoings including the earmarked portion for charity, the balance would be shared equally between my daughters viz. Smt. Mohinder Kaur, Smt. Surinder Kaur, Smt. Kuljeet Kaur and daughters of my sons viz. Gurmeen Kaur, Neelam Dhingra, Rupinder Kaur, Preetinder Kaur, Gunjan Kohli, Bandana, Chandrika and Tanya or any other female child or born to my sons in future.

Appendix I and II of the said Will are as under:APPENDIX-I





FORMING PART OF THE WILL OF SMT. SANT KAUR KOHLI DATED 26.9.1988 RELATING TO JEWELLERY MEANT FOR SMT. GURTEJ KAUR WIFE OF S. SAWARANJIT SINGH KOHLI

S.NoDescriptionGross weight (Gms.)

1One diamond cut chain52.500

2.Nine Gold Meena Bangles62.500

3.Two Gold Karas55.000

4.One Kundan Har Set100.000

5.One pair gold payal51.800

6.One pair Gold Valies24.100

7.One pair Gold Jhumka25.100

8.Silver Utensils21.000 kg.

9.1 Gold enamelled D. Set 3 pcs.21.300

10.1 D&E Set 3 pcs.22.200

11.1 pair D & E earrings, W.M.

12.1 pair Earrings D&R WM

13.1 Necklace and pair of Earrings with D & Feroja WM

14.1 D Ringh Solt

15.1 enamelled Kada20.200

16.2 Gold Kadas27.200

17.2 Gold Bangles25.600

18.2 Gold Kadas28.800

19.1 Gold set 3 pcs.54.000

20.1 Gold enamelled Necklace and 2 pair Vallis26.500

21.1 pc. of Kundan in 6 lari of

P. string with pair of Earrings Wax.67.500

22.1 gold set 3 pcs

23.1 gold enamelled chain16.200

24.1 pair Vali Zhumka20.600

25.1 Gold enamelled set 3 pcs24.800

26.1 Pendent Chain with P.9.100

27.1 pair Tops10.100

28.1 pair P. Studded Tops13.200

29.1 Gold Bracelet8.100

30.2 P. String 2 line each with hook59.700

31.1 P. String 3 line with hook85.600

32.4 Soverins32.000

33.1 white stone studded Kundan set P. in gold Chains90.000





APPENDIX -II

FORMING PART OF THE WILL OF SMT. SANT KAUR KOHLI DATED 26.9.1988 RELATING TO JEWELLARY MEANT FOR SMT. MANJEET KAUR WIFE OF S. JAGMOHAN SINGH KOHLI

S.No.DescriptionGross weight (Gms.)

1.Three Rings and Buttons38.000

2.Twelve Bangles135.000

3.One pair Gold Button and Ring22.000

4.One Kundan Set150.000

5.One Diamond Ring in W.M.Metal





3. The legal heirs of the testator namely, S.Tirlochan Singh, S. Swaranjit Singh, S. Jagmohan Singh, S. Surjeet Singh, Smt. Mohinder Kaur, Smt. Surinder Kaur, Smt. Kuljeet Kaur have filed their affidavits in support of the petition filed under Section 276 of the Indian Succession Act. The petitioner has also filed his affidavit in support of the said Will. On 9th March, 1998, the attesting witness of the said Will Shri H.R. Sehgal has been examined and the Will has been marked as Ex. PW 1/1. On a consideration of the affidavit of the petitioner and the statement of the attesting witness Shri H.R. Sehgal, I am satisfied that the Will Ex. PW 1/1 is the last Will of the deceased Smt. Sant Kaur Kohli, who at the relevant time had a sound disposing state of mind. I am also satisfied that the Will Ex. PW 1/1 has been duly and validly executed and attested and that it is the legal declaration of the intention of the testator with respect to the aforementioned properties which she desired to be carried into effect after her death.

4. For the foregoing reasons, the petition is allowed under Section 276 read with Section 289 of the Indian Succession Act and the Probate is granted of the Will dated 27th September, 1988 in the Form set forth in Schedule VI of the Indian Succession Act.