Gita Mittal, J.-By this judgment, I propose to dispose of the present petition under Section 276 of the Indian Succession Act, 1925 seeking grant of probate/letters of administration of the Will dated 1st January, 1989 executed, by the deceased Smt. Vidyawati Mehra, widow of late Shri J.N. Mehra with the Will annexed.

2. There is no dispute so far as the legal heirs of the deceased and her estate are concerned. It has been established before this Court that late Smt. Vidyawati Mehra was the widow of late Shri J.N. Mehra. She had expired at New Delhi on the 26th March, 1993. Her demise was duly registered with the Municipal Corporation of Delhi. The death certificate has been exhibited on record as Exhibit PW1/1.

3. Deceased Smt. Vidyawati Mehra, was succeeded by the following legal heirs:

(i) Son - Shri Vijay Kumar Mehra Petitioner herein

(ii) Daughter-Smt. Chandrakanta Respondent No.2 herein

(iii) Daughter-Smt. Manju Vij Respondent No.3 herein

(iv) Daughter-Smt. Neeru Khurana Respondent No.4 herein

(v) Daughter-Smt. Shama Rani Respondent No.5 herein

(vi) Daughter-Smt. Rajni Gujral Respondent No.6 herein

There is also no dispute to the fact that late Smt. Vidyawati Mehra, at the time of her death owned the immovable property bearing No. 65, Bhagwan Nagar, New Delhi-110014 which consisted of a plot of land admeasuring about 200 sq. yards with a built up ground floor consisting of 7 rooms with kitchen and bath as well as three shops. There is also no material dispute to the movable properties of the deceased, all of which constituted part of her estate and have been set out in Annexure C to the plaint.

4. The petitioner has placed reliance on a writing dated 1st January, 1989 and has asserted that the same was the last Will and testament executed by the deceased Smt. Vidyawati Mehra while in sound disposing mind and of her own free will and accord. This document was also registered with the Sub-Registrar III, New Delhi as document No. 5915 in additional book No. III, Volume 766 at pages 159-160 on 27th of December, 199.3 after the demise of the late Smt. Vidyawati Mehra.

5. By way of the present petition, the petitioner has sought probate of this Will and grant of letters of administration with the Will attached.

6. This Court had directed a public notice to be published in the newspapers, the Statesman and the Jansatta, Delhi edition and also issued notices to the Deputy Commissioner (Chief Revenue Controlling Authority) of the area where the property of the deceased were located calling for a report of the valuation of the property.

7. Notice was also issued to the respondents of the filing of the present petition.

8. The office of the Dy. Commissioner (South) Delhi has submitted a report dated 23rd January, 2001 submitting that the value of the estate of late Smt. Vidyawati Mehra for which the petitioner has applied for probate, has been assessed at Rs. twenty lakh six hundred and eighty as per the prescribed rate and upon consideration of the inspection report of the Naib Tehsildar. This report has been exhibited on record in tl1e statement of the petitioner as Exhibit P1/3.

9. So far as the respondent are concerned, the respondents 2 to 5 had entered appearance on service and had filed written statements-cum-objections dated 3rd March, 2001.

10. On a consideration of the pleadings of the parties, this Court had framed the following issues by the order passed on 2nd November, 2001:

"I. Whether Smt. Vidyawati, w/o late Sh. J.N. Mehra duly executed the Will dated 1st January, 1989? -OPP

2. Relief?"

The parties were put to evidence in respect of their respective contentions.

11. In order to establish the execution of the Will and its attestation in accordance with law, the petitioner has examined both the attesting witnesses, Mr. C.L. Shah and Mr. P. Chandra Sekharan, Advocate who appeared as PWs 5 and 6 respectively. The family doctor Dr. T.K. Chakraborty as PW-7 has been examined to prove the state of mind and health of the petiti