A will is valid and enforceable if it is duly executed, the testator has a sound disposing mind, and there is no undue influence.

( 1 ) ONE Jawahar Devi was an old lady of 83 years. She was owner of 2 houses 3755, 3756 in Kucha Parma Nand, Delhi. These had been let out to tenants. Rental income was her main source of sustenance. She was an issueless widow. Her husband Sardari Lal died in 1939. Sardari Lal had a sister Thakurani who died in 1963. She had 3 sons and a daughter. Kanwar sain, Suraj Singh. Bahadur Singh and Bachhi Rani. Jawahar Devi had a sister, Rela Devi. She is dead. She bad a son Nawal Kishore. Jagdish Narain Tardon is his son. Jagdish Narain s son is Deepak. He is a minor.

( 2 ) DEEPAK Tandon through his father made an application to the district court under Section 272 of the Indian Succession Act for grant of probate or letters of administration. He said that Jawahar Devi made a will on 6th of June, 1963 and that he was a beneficiary under the will.

( 3 ) UNDER the will Deepak gets one house- House No. 3756. Deepak was two years old at the time of the making of the will. As regards the other house No. 3755 the testatrix gave a direction that the house should be used for the purpose of a Dharamshala for the benefit of the general public. She constituted a board of trustees to manage the Dharamshala. The trustees were : Kailash Nath Mehra, Raj Kishore Tandon, Bahadur Singh.

( 4 ) THIS will dated 6th June, 1963 was presented for registration to the sub-registrar on the same day. It was duly registered. Just after one year of the execution of the will Jawahar Devi died. She died on 6th of June 1964.

( 5 ) DEEPARK made application to the district court on 5th of September, 1964. Citation was issued Kanwar Sain, Suraj Singh, Bahadur Singh and Bachhi Rani sons and daughter of the sister of Sardari Lal opposed the grant. They said that Jawahar Devi did not make any will in favour of Deepak Tandon. The will was forged, it was said. It was then said that Jawahar Devi did not have sound disposing mind at the time of the execution of the will.

( 6 ) WITNESSES were examined on both sides. The District Judge came to the conclusion that the will propounded before him was duly executed by Jawahar Devi. She had a sound disposing mind when she made the will. He pronounced for the will. He granted Letters of Administration with the will annexed to Deepak Tandon He dismissed the objections This order was made on 3rd June, 1968. Kanwar Singh, Suraj Singh sons of Thakurni Devi and Kailash Nath S/o Ambika Prasad now appeal to this court against the order of grant.

( 7 ) THE evidence of Deepak Tandon the propounder of the will establishes these facts. The will was drafted by a lawyer Mr. Narinder Dutt, Advocate. He appeared in the witness box He prepared a draft of the will. He got it typed at the instance of Jawahar Devi. She attended her office. She gave instructions to the lawyer. She was with him for about an hour on the first occasion. . This was in May, 1963. Again she went to him to collect the will. The lawyer explained the contents of the will to her. She approved of the will.

( 8 ) THE Sub-Registrar is the second witness. He said that the will was produced before him on 6th June, 1963. Jawahar Devi appeared before him. Execution was admitted by her. The Sub-Registrar admitted the will to registration. He explained the contents of the will to the test trix. . She admitted it to be her last will and testament. In addition to signatures she also affixed thumb mark in his presence. Hori Ram, Pleader, identified Jawahar Devi before the Sub-registrar.

( 9 ) TWO attesting witnesses of the will are R. K. Tandon and Jagdish Narain Tandon. They are brothers Jagdish Narain is the father of Deepak Tandon. R. K. Tandon is his uncle. Both the attesting witnesses appeared in witness box. They deposed that they signed the will in presence of the testatrix She was in a sound disposing mind at that time. The contents of the will were explained by R. K. Tandon to Jawahar Devi. She admitted the will to be correct and signed the will in their presence.

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