The main legal point established in the judgment is the importance of interpreting a Will in accordance with the intention of the testator, as expressed in the document, and the application of established legal principles to determine the validity and construction of the Will.

The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking Letter of Administration in respect of a registered Will dated 22-2-1990 executed by his mother, late Smt. Mohani Sharma who expired on 29-4-1999 in Delhi. The husband of the deceased, Smt. Mohani Sharma, Sh. Nar Singh Nath Sharma had predeceased her. She was survived by 7 daughters and 2 sons including the petitioner herein. The names of all the relations of the deceased are indicated at page 11 of the paper book (Ex. PW-1/3).

2. The present petition for grant of letter of Administration was filed on 28-2-2005. Notice in the present petition was issued on 19-7-2005, returnable on 5-9-2005. A citation of the present petition was got published in the newspaper "The Statesman" (New Delhi Edition) dated 26-8-2005 and as one of the relations was residing in Pune, a citation was directed to be published in the newspaper, "The Times of India" (Maharashtra Edition). The publication is, however, not on the record, though it is stated on behalf of the petitioner that necessary steps in\ this regard were taken, and the said relation had filed her no objection to grant of Letter of Administration.

3. After service was effected upon the respondents, they entered appearance. While respondents Nos. 2 to 6 and 9 to 11 gave their consent to grant of Letter of Administration in favour of the petitioner by filing their affidavits dated 17-5-2006. respondents Nos. 7 and 8 namely, Mrs. Neelam Sharma and Shri Rohit Sharma filed objections. However, during the pendency of the present proceedings the aforesaid relations withdrew their objections, which was duly recorded in the order dated 4-8-2008.

4. The Will (Ex. PW -1/2) of which Letter of Administration is sought by the petitioner. is a duly registered Will. It was got registered with the Office of the Sub-Registrar. Delhi, vide registration No. 672 in Additional Book No.-III Volume No. 541 on pages 167 to 168 on 22-2-1990. The said Will is shown to have been attested by 2 witnesses, namely. Shri R. Jayendran and Mr. M. K. Gupta. Shri R. Jayendran, one of the witnesses to the Will, has filed an affidavit dated 29-4-2005 by way of evidence and has deposed that the deceased testatrix. Smt. Mohani Sharma executed her Will on 22-21990 in his presence and in the presence of the other attesting witness. Shri M. K. Gupta. He further deposed that at the time of execution of her Will, the deceased testatrix was in perfect state of health and deposing mind and she executed the Will voluntarily, without any coercion or external pressure. The witness stated that he saw the said testatrix signing the Will after acknowledging the same to be correct, in his presence.

5. The petitioner has also filed his own affidavit dated 16-12-2008 by way of evidence, wherein he has reiterated the averments made in the petition as correct. He has proved the death certificate of the deceased testatrix (Ex. PW1/1). The Will dated 22-2-1990 is exhibited as Ex. PW-1/2). A perusal of the Will indicates that the deceased testatrix has mentioned the names of all her children, including her seven daughters and two sons. In respect of her seven daughters, she stated that she and her husband had spent a lot of amount on their marriages, and they were all happily married and well settled with their husbands. The deceased further stated that she had performed her duties and given out, of her personal funds to her daughters, amounts on various occasions and hence, they did not require any monetary right out of the properties owned by the testatrix.

6. So far as Shri Vinod Sharma, the younger son of the deceased testatrix was concerned, it has been mentioned in the Will that he had accumulated money and property from his own earnings and from the voluntary help rendered by the deceased and hence he was not given any right, title or interest in the property of the deceased. Rather, the deceased made a mention of the fact that she