( 1 ) THIS petition under Section 276 of the Indian succession Act, 1925 (hereinafter referred to as "the act" only) for Probate has been filed by the petitioners, as the Executors, in respect of the Will dated 30. 9. 1992 of Late Shri K. R. Kalia. The objector shri Deepak Kalia is the only son of the deceased. The wife and unmarried daughter of the deceased testator had pro -deceased him.

( 2 ) IN the petition for grant of Probate, the petitioners submitted that the deceased had left behind two immovable properties, C-667, New Friends Colony, New delhi-110065 and B-6, Sector-5, Chandigarh, particulars of which were given in Schedule-A. The liabilities of the deceased were mentioned in Schedule-B and the movable properties in Schedule-C. The deceased testator, an Advocate, was a resident of Delhi and had died at Delhi on 14. 11. 1992.

( 3 ) THE objector who is the only son of the deceased, filed objections to the grant of Probate pleading that the will propounded by the petitioners was a fabricated document as his father Late Shri K. R. Kalia was suffering from "senile Dementia" and was not in a sound disposing mind at the time of making of the alleged will. He pleaded that this petition had been filed in collusion with one Shri S. K. Gupta, who was trying to validate his false claim in regard to the property bearing No. C-667, New Friends Colony, New Delhi and had filed Suit No. 4604/92 also, which was pending before this Court. It was pleaded that the petitioner sh. S. K. Gupta and Late Gulshan Rai had conspired to induce his father to disinherit the objector. It was also added that Late Mrs. Vimla Kalia, wife of Late Shri k. R. Kalia was the owner of property bearing No. B-6, sector-5, Chandigarh and property bearing No. C-667, New friends Colony, New Delhi was owned by Late Jyoti Kalia, daughter of the deceased on whose death, her mother had succeeded-to the said property. It was stated that Late shri K. R. Kalia could not have bequethed the said properties through any will. Petitioner No. 2 dr. Defender Sabharwal, who was a beneficiary under the alleged will dated 30. 9. 1992, was stated to have induced late Shri K. R. Kalia to execute this will when he was not in a sound disposing mind and was admitted in the hospital of Dr. Devender Sabharwal.

( 4 ) THE petitioners filed a reply to the objection petition controverting the pleas raised by the objector. On the pleadings of the parties, following issues were framed on 7. 2. 1996 and 9. 9. 1997:-

"1. whether the will dated 30. 9. 1992 has been validly executed and is otherwise legal and valid? OPP 2. whether the Testator was in a sound disposing state of mind at the time of making the will? OPD 3. Relief.

( 5 ) IN support of their petition, the petitioners examined petitioner No. 1 as P. W. 1, Shri C. M. Gupta from the Office of Sub-Registrar as P. W. 2, petitioner No. 2 devender Sabharwal as P. M. 3 and Sh. Sunil Mehta, advocate, an attesting witness to the will, as P. W. 4. The respondent objector examined R. W. I Inder Dev Bhalla, a relative of the objector.

( 6 ) I have heard learned counsel for the petitioners and learned counsel for the objector. I have gone through the records. My findings on the issues are as under :- issue No. 1

( 7 ) IN this petition the Will dated 30. 9. 1992 alleged to have been executed by late Sh. K. R. Kalia is being propounded. The Will has been proved on record as ex. PW1/2. The signatures of the testator on this Will have been proved not only by the attesting witnesses PM3 dr. Devender Sabharwal and PM4 Sh. Sunil Mehta, advocate but by PM1 the petitioner also who is one of the Executors of the Will. PM1 a friend of the deceased made a statement on oath that he knew the deceased since 1929 as they we,re together in the College. He also stated that he had been seeing the deceased writing and signing and as such was in a position to identify his signatures. He stated that Ex. PW1/2, the Will was bearing the signatures of the decease