§ 40. Mr. Dribergasked the Under-Secretary of State for India if he is aware that the father of the late Captain Edward B. Clibborn, 3/16 Punjab Regiment, Indian Army, who died as a prisoner of war in Changi Camp, Singapore, was notified in May, 1946, that his son's will had been sent to the India Office, London, but that, despite repeated applications by his solicitors, the will has not been forwarded to him; whether this will has been lost; and what steps he proposes to take in that event to enable those concerned to obtain without further cost probate of the will, of which a copy is available.
§ Mr. A. HendersonI am aware of the facts of this case. Investigations regarding the whereabouts of the will in question have been proceeding since October, 1946, when application for it was first made. I regret that the authorities in India have been unable to trace its disposal and that it must now be considered to have been lost in transit in India. A certificate to this effect is being supplied to the solicitors to enable them to prove the certified copy of the will which is available. I am consulting the Government of India as regards what I take to be a suggestion that they should bear increased costs that may be incurred in taking out probate as a result of the loss of the original will, and will communicate with my hon. Friend on receipt of their reply.
§ Mr. DribergWhether, ultimately, the Government of India or my right hon. and learned Friend's Department bears the costs incurred, may I take it from his very forthcoming answer that he agrees that it would be quite inequitable that such costs should fall upon this officer's family?
§ Mr. HendersonI am not here to express opinions, and I think I had better stick to the terms of my reply.