V.K. Jain, J.- This is a petition under Section 276 of the Indian Succession Act for grant of Probate/Letter of Administration with respect to the estate of Late Sh. Ram Chander Sharma, who expired on 2.5.2001. It has been alleged in the petition that late Sh. Ram Chander Sharma had executed his last Will on 30.10.2000 which was registered with Sub-Registrar, Delhi on the same date. The particulars of his estate are given in Annexure 'C' to the petition.

2. The petitioner is the daughter of Late Sh. Ram Chander Sharma, born from his first wife. Mrs. Asha R. Sharma, third wife of the deceased is his other class one legal heir. No other legal heir was left by the deceased.

3. Objections have been filed by Smt. Asha R. Sharma primarily on the grounds that the Will set up by the petitioner was not executed by Late Sh. Ram Chander Sharma and that he was not in a sound disposing mind at the time this will is alleged to have been executed.

4. The following issues were framed on the pleadings of the parties:

(i) Whether Shri Ram Chander Sharma executed Will and Testament dated 30.10.2000? -OPP

If issue No.1 is decided in the affirmative-

(ii) Whether Shri Ram Chander Sharma was not in sound disposing mind to execute such a Will? -OPD

Issue Nos. land 2:

5. Both these issues are inter connected and can be conveniently decided together. The petitioner has produced five witnesses including herself in support of her case. The objector has produced two witnesses including herself.

6. The Will set up by the petitioner is Ex. PW 2/1 and purports to have been executed in the presence of two witnesses, namely, Amrit Lal Ahluwalia and Rajni Bhatia. Mr. Amrit Lal Ahluwalia died on 6.11.2002 whereas Smt. Rajni Bhatia has come in the witness box as PW 2. In her affidavit Ms. Rajni Bhatia stated that late Sh. Ram Chander Sharma being the father of her friend petitioner Madhwi Sharma, was known to her and had requested him to be an attesting witness to his last Will and testament on 30.10.2000. She went to the office of Sub-Registrar at Vikas Sadan, INA, New Delhi where the deceased was present along with Sh. Amrit Lal Ahluwalia, father-in-law of the petitioner and his son Sh. Anoop Ahluwalia. On the request of the deceased testator, she signed as one of the attesting witnesses of the Will. She also saw Mr. Ram Chander Sharma appending his signature on each page of this Will. Sh. Amrit Lal Ahluwalia, resident of 2181/62, Karol Bagh, New Delhi who is the other attesting witness of the Will was present at that time. She further stated that she and Amrit Lal Ahluwalia had also signed the Will in the presence of each other and in the presence of the testator, on that date.

7. PW 3 Anup Ahluwalia is the son of late Shri Amrit Lal Ahluwalia and brother-in-law of the petitioner. He has stated that on 30.10.2000 he also had accompanied his father to the office of Sub-Registrar at Vikas Sad an, INA, New Delhi. He has identified the signature of his father Sh. Amrit Lal Ahluwalia on the Will Ex. PW 2/1.

8. PW 4 Dr. Vinod Sharma has stated that late Sh. Ram Chander used to consult him and the certificate Ex. PW 4/1 was given by him on 23.10.2000. According to him, the deceased had consulted him in the year 1995-96 when he was admitted in National Heart Institute, East of Kailash, New Delhi. He stated that Mr. Ram Chander Sharma was in perfect mental condition when he examined him in October, 1996 and gave this certificate. He also stated that to his knowledge, the deceased was not suffering from liver cirrhosis. He has also proved the certificate Ex. PW 4/2 issued by him on 20.11.2000. According to him the certificate Ex. PW 4/2 was given on the request of Mr. Ram Chander Sharma, who wanted him to certify recovery from his initial illness, so that he could resume his business responsibilities. Since his condition was not such as to permit him to attend his responsibility, this certificate was issued by him.

9. PW 5 Mr. S. Seshadri is an official from the office of