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Reddy v Singh [2014] FJHC 49; P51323 (4 February 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
PROBATE JURISDICTION
P 51323 and P 51849

In the estate of Vijay Singh (deceased)

BETWEEN :

Jyoti Priya Reddy
Plaintiff

AND:

Uday Singh
Defendant

Appearances: Mr M.Degei for the plaintiff
The defendant absent and unrepresented
Date of hearing: 17th January, 2013

JUDGMENT

1. The sequence of applications filed

(a) On 21st June, 2011,the defendant filed application for letters of administration in the estate of Vijay Singh in P 51323, as "lawful brother" of Vijay Singh.

(b) On 5th December,2011,the plaintiff filed application for probate, in P 51849, as "de facto wife" of Vijay Singh, in terms of the last Will of Vijay Singh.

(c) On 15th March,2012, the plaintiff filed summons moving that the application for letters of administration filed by the defendant in P 51323, be struck out.

2. In her affidavit in support of her summons, the plaintiff states as follows;
   
   • (a) Vijay Singh died on 18th February,2011. By his Will of 9th December, 2010, Vijay Singh appointed the plaintiff, as executrix and trustee.
     
   • (b) The plaintiff filed a caveat against the estate in P 51323, as the defendant was in the process of obtaining letters of administration. The defendant filed Warning to Caveat.
     
   • (c) Since filing the application for letters of administration, the defendant has not taken any action to prove that the Will of Vijay Singh is forged or otherwise. The defendant is using delaying tactics to deprive the plaintiff of her right to obtain probate.
     
   • (d) The Probate Registry is refusing to issue probate in favour of the plaintiff.
     
   • (e) The plaintiff is unable to maintain and educate the children of Vijay Singh.
     
3. On 7th September, 2012, counsel for the defendant on that occasion, Mr Prasad sought 14 days to respond to the summons. However, affidavit in opposition has not been filed. On 21st June, 2012, counsel for the plaintiff on that occasion, Mr G.O' Driscoll in P 51323 moved that P 51849 and P 51323 be taken up together.
   
4. The determination

4.1. The plaintiff moves for probate under Or 76.r(2), in terms of the last Will of Vijay Singh and that the application for letters of administration filed by the defendant be struck out. The plaintiff has filed an appearance to warning in P 51323.

4.2. The defendant has not filed opposition to prove his interest in the estate contrary to that of the plaintiff under the Will of 9th December, 2010.

4.3. Clause 3 of the Will appoints the plaintiff as the executrix and trustee.

4.4. In my judgment, the plaintiff is entitled to probate.

5. Orders
   

1. The plaintiff is granted probate in terms of the last Will of Vijay Singh.
   
2. The application for letters of administration filed by the defendant in the estate of Vijay Singh, in action no P 51323 is struck out.
   

100. The defendant shall pay the plaintiff costs summarily assessed in a sum of $ 1500 within 21 days from the date of this judgment.
     

4th February,2014

A.L.B.Brito-Mutunayagam
Judge