V.K. SHALI, J.

1. This judgment shall dispose of the Probate Petition filed by the petitioners under Section 276 of the Indian Succession Act, 1925 for grant of probate on the basis of the Will dated 30.10.1985 read with Codicil dated 7.11.1985. This petition was initiated almost 25 years back and more than thirty Judges had an occasion to deal with the matter. Though ideally the petition ought to have been decided within a period of three to four years or so but there are various factors which have caused the delay. Final delay has been on account of the voluminous record, some of which was in a very bad condition.

2. Any how, briefly stated, the facts of the case are that Late Raja Bahadur Sardar Singh of Khetri (deceased/testator) had very high credentials. He was a Bar at law from England, a member of the Constituent Assembly, a Rajya Sabha Member and also Ambassador to Laos and thus, a highly educated person. He died on 28.1.1987 as a childless widower and at that time, he was a resident of 5, Sardar Patel Marg, New Delhi. It is alleged that being a childless widower with no legal heirs and with a high sense of social service, he bequeathed his property to charity for the benefit of public at large, by virtue of Will dated 30.10.1985. For this purpose, he got the Will drafted by his personal friend, Daniel Latifi, Senior Advocate and got the same attested by two persons, one P.N. Khanna, his Chartered Accountant and R.K. Singh, junior of Daniel Latifi. He is further stated to have got it deposited with the Registrar at Tis Hazari Courts. On 7.11.1985, he allegedly executed a Codicil. The alleged Will of the deceased/Testator reads as under:-

“THIS IS THE LAST WILL AND TESTAMENT OF ME, Raja Bahadur Sardar Singh of Khetri, aged 65, residing at No.5 Sardar Patel Road, New Delhi-110021

AND I HEREBY CANCEL AND REVOKE all my previous Wills and Codicils.

WHEREAS

A. I am a citizen of India, subject to the Hindu Law of Succession, and am, under the appropriate provisions of the Indian Succession Act and other laws, fully competent to make this Will and to create the Trusts herein.

B. I have no relative of the class mentioned in Section 118 of the Indian Succession Act. Nevertheless, to avoid any false claims, it is my intention to have this Will deposited in safe custody with the appropriate authority as provided by law.

C. I am possessed of immovable and movable assets as appear from my Wealth Tax Returns No Wealth Tax returns attached.

NOW

1. I hereby appoint the following persons to be and to act Jointly as Executors hereof, provided that they may by unanimity, appoint from time to time one of their number as Managing Executor:

(a) Lady Olga Manning of Hampton Court palace, East Molesey, Surrey.

(b) Mr. Daniel Latifi, Senior Advocate, A-20, Neeti Bagh, New Delhi-110049

(c) Mr. Romesh Thapar, 19, Kautilya Marg, New Delhi-110021

(d) Mr. Parmeshwar Prashad, Mgr. Khetri Investment Corporation (P) Ltd., 1/9, Rani Jhansi Road, New Delhi-110005.

2. I also appoint the said Executors to be Trustees of the Trust hereby created.

3. I hereby bequeath and given unto and to my said Executors and Trustees, (save and except such specific assets on properties of mine as I may exclude herefrom by any specific legacy that I may, hereafter make in favour of any person, by this Will or by any Codicil hereto that I may make). ALL THOSE my properties, movable or immovable, anywhere, upon trust as below appears as below appears’ refers to the details of the properties which are not given.

4. The name of the Trust shall be the KHETRI TRUST.

5. The Trusts herein are:

The promotion of Education, that is to say the advancement of the study of science, literature and the arts, by the grant of scholarships to deserving students for study in India or abroad, by the establishment of libraries, reading rooms, schools, academics, laboratories, research centres or other institutions, as funds allow and as the Trustees think fit.

Provided th