YOGESH KHANNA, J.

1. This is a petition under Section 278/276 of the Indian Succession Act, 1925 for grant of letter of administration with the Will annexed thereto.

2. The case of the petitioner is deceased Brij Mohan Nanda s/o late Lala Shanker Dass Nanda was a Hindu and a permanent resident of 6/3B, Roop Nagar, Delhi– 110007. He died on 07.12.2016 at Delhi leaving behind the Will dated 07.06.2006 duly registered with the Office of Sub Registrar–I, Delhi bearing registration No.2689, Book No.3, Vol.No.611, at page Nos.41-44 on 07.06.2006. This Will was duly executed by the Testator by appending his signatures on each and every page and was duly witnesses by two person. At the time of his death, Brij Mohan Nanda had various movable and immovable properties – the details of which is filed per Annexure – C. The deceased was a Hindu by religion and at the time of his death, he left behind the petitioner and respondents Nos.1 & 2 as his daughters. He did not leave behind any other legal heir except the parties to petition – as his wife had pre-deceased him.

3. It is alleged that on 07.06.2006 the deceased executed his last Will and Testament at Delhi in a sound, stable and disposing mind in the presence of two witnesses and got it registered. The original Will was handed over to the petitioner which was duly published by the petitioner on 12.12.2006 by handing over a copy of the Will to the respondents. The Will does not appoint any executor and hence the petitioner had filed the present petition.

4. The Will gives list of various assets which the deceased owned at the time of his death. Some of the assets as are mentioned in sub-para A of para 5 and para 6 of the petition are to be jointly shared by all children of the deceased while some of the assets would go individually to each of the daughters, as stated in sub paras (1), (2) and (3) of para 5 of the petition. The list is also annexed as a schedule (and a detail) along with the petition. The deceased had made a provision of Rs.5 Lac to be spent on his cremation and last rites.

5. The original Will dated 07.06.2006 is filed along with the petition. The same is duly registered with the office of Sub Registrar – 1, Delhi vide registration No.2689, Book No.3, Vol.No.611, at page Nos.41-44 on 07.06.2006.

6. In the objections, so amended, the execution of the Will dated 07.06.2006 has not been disputed by the respondents and rather they rely upon the same and hence submit that probate may be granted to the petitioner since the parties have orally settled their disputes to maintain harmony in their relations, being real sisters. An affidavit dated 29.05.2017 is also filed by the petitioner giving details of moveable and immoveable assets for which probate/letter of administration is sought in favour of the petitioner (per list – Annexure-A); and in favour of respondents No.1 (per list – Annexure B) and in favour of respondent No.2 (per list –Annexure C) annexed to the said affidavit. Yet another affidavit dated 30.05.2017 is filed by the petitioner stating inter alia that the whereabouts of the two attesting witnesses are not known.

7. As the execution and registration of the Will is not in dispute, there would, even otherwise, be no necessity for examining the attesting witnesses, per Kamla Nijhawan vs. Sushil Kumar Nijhawan & Ors. 215 (2014) DLT 386, where a Coordinate Bench has held as under :-

“16. Execution of the Will dated 22.08.1995 has not been disputed by the Defendants rather they have very much relied on the same. The Defendants do not say that the Will dated 22.08.1995 is required to be proved. There are several properties in respect of which bequest has been made in the instant Will. The property concerned in the instant suit is ground floor of property no. 13/27, West Patel Nagar, New Delhi-110008.

17. In Thayyullathil Kunhikannan & Ors. v. Thayyullathil Kalliani & Ors., AIR 1990 Kerala 226, a Division Bench of the Kerala High Court held that Section 58 of the Indi