The main legal point established in the judgment is the requirement for the propounder of a Will to prove its execution, as stipulated in Section 68 of the Indian Evidence Act, 1872, and the entitlement of the appointed Executor to the grant of probate under Section 222(1) of the Indian Succession Act, 1925.

A.K. Pathak, J. (Oral)

1. Petitioner has filed this petition for grant of probate of the Will dated 7th June, 1998 of Late Shri R. Sundara Rajan (hereinafter referred to as ‘Testator’). Petitioner is sister of Testator. She has alleged that Testator was a Hindu, having his fixed place of residence within the jurisdiction of this Court. Testator died on 7th August, 1998.

2. On 7th June, 1998 Testator made and published his last Will and Testament whereby he left behind his estate in the manner as stated in the Will and also appointed the petitioner as sole executrix of his Will. Testator made his Will in full disposing mind and in the presence of two witnesses, Affidavit of Shri V. Vasudevan one of the attesting witnesses to the Will was annexed with the petition. Petitioner has prayed that probate of Will dated 7th June, 1998 be granted in her favour.

3. List of relatives of Testator has been filed during the pendency of present proceedings. As per this list, wife and minor son of the deceased have been shown at serial nos. 9 and 10 respectively. Other relatives, have been shown at serial nos. 1 to 8.

4. After publication of citation in the newspaper ‘Statesman’ on 23rd September, 2002, no one came forward from the public to oppose the grant of probate to petitioner.

5. Relative nos. 1 to 8 have filed their respective affidavits stating therein that they have no objection to the grant of probate to petitioner in respect of Will dated 7th June, 1998. Relative no. 10 is represented by his mother, that is, relative no. 9. They have filed a composite reply. Existence of Will has been admitted by them. It is stated that Will dated 7th June, 1998 was executed by the Testator. However, stand taken by them is that petitioner has not whispered anything about 1/4th share of the minor in respect of Flat No. N-2, Green Park, New Delhi. It is further stated that property bearing N-2, Green Park, New Delhi was undervalued. Relative no. 9 alleged that she was entitled to administer the property.

6. Attesting witnesses to the Will dated 7th June, 1998, namely, Shri Vijay Tandon and Shri V. Vasudevan have been examined, on oath, on 16th January, 2007 as PW1 and PW2 respectively. PW-1 Shri Vijay Tandon has deposed that Late Shri R. Sundara Rajan-deceased was his neighbor, on whose instructions he drafted his Will dated 7th June, 1998. Thereafter, on 7th June, 1998 itself Shri R. Sundara Rajan signed the Will in his presence and in the presence of Shri V. Vasudevan on all pages at points A-1 to A-9, after reading the contents thereof. He admitted his signatures at point ‘X’. He also admitted signatures of V. Vasudevan at point ‘Y’. He further deposed that Late Shri R. Sundara Rajan was in sound disposing mind and had signed and executed the Will without any kind of force, pressure or undue influence. Similar is the statement of PW2 V. Vasudevan, who has deposed that Late Shri R.Sundara Rajan was his childhood friend. Shri R. Sundara Rajan was married to Ms. Radhika Sundra Rajan (relative no. 9) and was having a son, namely, Master S. Srikant (relative no. 10). Shri R. Sudara Rajan was unfortunately suffering from cancer. He was desirous of making his last Will and Testament so that no dispute arises in future in respect of his properties. Accordingly, Shri R. Sundara Rajan approached Shri Vijay Tandon, Advocate who drafted the Will dated 7th June, 1998 as per the desire of Shri R. Sundara Rajan. Will was signed and executed by Shri R. Sundara Rajan in his presence and in the presence of Shri Vijay Tandon on 7th June, 1998. He identified the signatures of Testator-Late Shri R. Sundara Rajan at points A-1 to A-9 on the Will dated 7th June, 1998 Ex.P-1. He also admitted his signatures as well as signatures of Vijay Tandon at point ‘X’ and ‘Y’ respectively. He further admitted that Shri R. Sundara Rajan was taken to the office of Sub-Registrar for the registration of Will where it was registered in his presence. He categorically deposed that Wil