S. Muralidhar, J.

1. This is a petition under Section 222 of the Indian Succession Act seeking grant of probate of a Will dated 5th January 1985 (hereafter “the last Will”) executed by Smt. Bhanwari Devi (the testatrix), who died in Delhi on 10th March 1985.

2. Smt. Bhanwari Devi was the wife of late Shri Johri Mal Bengani. Shri Sagar Mal was their only son and Smt. Bhanwari Kanwari was his wife. Amrao Singh was Sagar Mal’s only adopted son i.e. the testatrix’s grandson; the petitioner Sayar Kumari was Amrao Singh’s wife; Meeta was the daughter of Amrao Singh and Sayar Kumari i.e. the testatrix’s great grand-daughter. In the said last Will mention was made of the fact that Sagar Mal lived with Sushila Devi and Sanjay Bengani also lived with them; that Sagar Mal had been living separately for many years and only Bhanwari Kanwari, Sayar Kumari and Amrao Singh looked after the testatrix. In the last Will the testatrix stated that she “had given plenty to Sagar Mal of my free will and he also took forcibly from me…I do not wish to give him anything. Therefore, after me Sagar Mal will have no right over my property.” In terms of the said last Will Rs.1,25,000/- in cash was to be given to Jain Vishwa Bharti, the jewellery divided equally between Sayar Kumari and Meeta. The Kashmere Gate property and “any other money or property whatever there be” were to be given to Amrao Singh. The petitioner Sayar Kumari was named as the Executor.

3. By an order dated 16th May 1985 the petition was directed to be registered, notice was directed to be issued to the State and to the legal heirs of late Bhanwari Devi as mentioned in para 4 of the petition. It was directed that the citation should appear in the newspaper “The Statesman.” This Court was shown the citation published in the Statesman dated 22nd June 1985 indicating the date before the Court as 17th August 1985. On 19th September 1985 learned counsel for Sagar Mal Bengani, the son of late Smt. Bhanwari Devi, informed the Court that he would be filing objections. On 5th December 1985, this Court directed the Objector Shri Sagar Mal Bengani to appear in person on 29th January 1986 for recording his statement.

4. At this juncture, it must be mentioned that Smt. Bhanwari Devi had earlier executed a Will dated 2nd August 1983 (hereafter “the prior Will”) which was registered on 6th August 1983. The said prior Will has been marked as Ex.P-2 and was kept in a sealed cover as part of the records of the case. The contents of the prior Will are more or less similar to that of the last Will in that in both Sagar Mal Bengani has not been given any share of the estate of late Smt.Bhanwari Devi and the Kashmere Gate property has been given to Amrao Singh. The differences in the two Wills are not very significant. In the prior Will the sum to be given to the Jain Vishwa Bharti was Rs.1,14,620. Further, the jewellery was to be given entirely to Meeta and a sum of Rs.29,264 to be used for the testatrix’s funeral expenses.

5. On 29th January 1986, learned counsel for the Petitioner informed the Court that the two original Wills i.e. the prior Will dated 2nd August 1983 and the said last Will dated 5th January 1985 had been brought to the Court. Learned counsel for Shri Sagar Mal Bengani sought time to inspect the two Wills and make submissions. On 11th April 1986, learned Senior counsel appearing for the Petitioner informed the Court that a video cassette recording of the execution of the said last Will dated 5th January 1985 by Smt. Bhanwari Devi duly attested by the witnesses was available and should be played in the Court. This Court permitted the video film to be played and directed that thereafter the statement of Respondent No.2 would be recorded. The video film was then played in the Court and seen by the Objector Shri Sagar Mal Bengani, the son of Bhanwari Devi. The following statement was made by Shri Sagar Mal Bengani on solemn affirmation on 11th April 1986:

“I have se