JUDGMENT :

ARIF S. DOCTOR, J.

1. The Plaintiff in the present Suit seeks probate in respect of a writing dated 1st December 2013, which is stated to be the last Will and Testament of one Ajay Harpal Singh (“the Deceased”) who was the late son of the Plaintiff. The grant of Probate is opposed by the Defendant who is the daughter of the Deceased who is contesting the Suit through her Power of Attorney holder, Mr. Satyendra Kumar Raghav (“POA holder”). The POA holder is also the maternal grandfather of the Defendant. Thus, the dispute in the present Suit is between a paternal grandfather and his granddaughter.

2. Before adverting to the rival contentions, it is necessary to set out the following facts which will help in giving context to the rival contentions of the Parties:

(i) The deceased on 12th December 1998 married one Ms. Meenakshi Singh. The deceased and said Meenakshi Singh on 23rd November 1998 had a daughter, namely Deepti Ajay Singh who is the Defendant abovenamed.

(ii) Thereafter, in view of the disputes and differences that arose between the deceased and the said Meenakshi Singh, the deceased it appears filed a Divorce Petition before the Civil Judge in Ghaziabad. Ms. Meenakshi Singh also it appears, filed proceedings for divorce but before the Meerut Family Court.

(iii) It is the Plaintiffs case that, on 16th January 2004, a Decree of Divorce was passed by the Ghaziabad Court, by which, the marriage between the deceased and Meenakshi Singh was dissolved. It is the Defendants case that on 27th January 2007, the Principal Judge, Family Court, Meerut, passed an order dissolving the marriage between the deceased and Meenakshi Singh. By the said order custody of the Defendant was handed over to her mother Meenakshi Singh. Additionally, the deceased was directed to pay a sum of Rs. 3,000/- each to the Defendant and Meenakshi Singh from the date of filing of the Petition for divorce i.e. 7th August 2006.

(iv) It is the Plaintiff’s contention that the deceased on 1st December 2013 executed his last Will and Testament (“the said Will”). Under the said Will, the deceased appointed his brother, one Vijay Singh as the sole executor of the said Will.

(v) The deceased passed away on 7th September 2014 in his residential flat being 1105, Orchid Building, Jangid Enclave, Beverly Park, Mira Road East, Thane-401107.

(vi) Thereafter, in or about October 2014, it is the Plaintiffs case that when the sister of the deceased namely one Mrs. Anita Jadeja visited the said flat, she found the said Will amongst other documents of the deceased and consequently handed over the same to the Plaintiff.

(vii) Thereafter, Mr. Vijay Singh, the sole executor named in the said Will, by an Affidavit dated 21st May 2015 renounced his executorship. It was thus that the Plaintiff on 30th June 2015, being one of the beneficiaries under the said Will, filed Testamentary Petition No. 1124 of 2015 for Letters of Administration with a copy of the said Will annexed.

(viii) On 10th March 2015, a Caveat was filed by the Defendant pursuant to which Testamentary Petition was converted into Testamentary Suit No. 119 of 2016.

3. Based on the contentions raised in the Affidavit in Support of the Caveat, the following issues were framed for determination:

“1. Whether the deceased validly executed his Will dated 1st December, 2013?

2. Whether the defendant proves that the deceased was excessively intoxicated when he executed the Will?

3. Whether the defendant proves that the deceased was forcibly made to sign the Will?

4. Whether the defendant proves that the signatures on the Will are forged/fabricated?

5. What order, including as to costs?”

Parties then led the evidence of the following persons: