S.P. GARG, J.

1. The present petition under Section 276 of the Indian Succession Act, 1925 has been preferred by Jain Society For The Protection Of Orphans For India, Darya Ganj, New Delhi (hereinafter referred as ‘the petitioner’) for grant of letters of administration in respect of Will dated 15.10.1977 executed by late Ratan Lal Jain.

2. It is averred that Ratan Lal Jain had executed his last Will and testament on 15.10.1977. Ratan Lal Jain has since expired on 04.03.1978 at Delhi. By the said Will, Ratan Lal Jain – the testator had bequeathed the following properties to the petitioner :

(a) property No.4378, Gali Murari Lal, 4, Darya Ganj, New Delhi.

(b) Certain money left by him.

3. It is further averred that the petitioner, a society registered under the Societies Registration Act came to know about the Will for the first time in July, 1985 from Sumat Pershad Jain who handed over the original Will subsequently.

4. The petition is contested by the legal heirs and relations of the deceased Ratan Lal Jain. Objections were filed on behalf of Illachi Devi (wife), Sudershan Mala Jain (daughter), Santosh Jain (daughter) and Prakash Chand Jain (son-in-law). They denied execution of any Will dated 15.10.1977 by Ratan Lal Jain. It is averred that the said Will, a forged and fabricated document, was created by the officials of the petitioner in connivance with Jaggi Mal Jain and Sumat Pershad Jain. The Will is shrouded with suspicious circumstances; the contents stated in the Will are incorrect. Signatures of Mool Chand as an attesting witness on the Will are forged; it is not a valid Will.

5. The objectors set up Will dated 26.11.1977 to be the last testament executed by Ratan Lal Jain.

6. The petitioner in rejoinder denied the averments in the objections and reiterated that the Will dated 15.10.1977 was a valid one.

7. On the basis of pleadings of the parties and the documents on record, following issues were framed on 12.05.2006 :

“1. Is the petition for grant of letter of administration barred by time?

2. Is the present petition filed by Shri Bharat Bhushan to be treated as a fresh petition? If so, what is the effect on the question of limitation?

3. Did late Shri Rattan Lal Jain execute the Will dated 15.10.1977?

4. Did late Shri Rattan Lal execute a Will on 26.11.1977? If so to what effect?

5. To what relief, if any, are the petitioners entitled?”

8. To establish its case, the petitioner examined PW-1 (Bharat Bhushan Jain), PW-2 (Narender Jain), PW-3 (Mahavir Prasad Jain), PW-4 (Chakresh Kumar Jain) and PW-5 (Pritam Singh). The respondents examined RW-1 (Deepak Jain) & RW-2 (A.P.Gupta) – attesting witnesses to the Will dated 26.11.1977, RW-3 (Ashok Kashyap), hand writing expert; R2(d)W-1 (Ratan Lal Jain), RW-2(b) (Mukesh Kumari Jain @ Mukta Jain) and D2W1 (Seema Jain).

9. I have heard the learned counsel for the parties and have examined the file minutely. Learned counsel for the petitioner urged that Will (Ex.PW-1/D) was duly executed by Ratan Lal Jain. Both the attesting witnesses Mool Chand Jain and Jaggi Mal Jain have since expired. Their signatures on the Will have been identified by PW-2 (Narender Jain) – deceased’s nephew and son of Jaggi Mal Jain and PW-3 (Mahavir Prasad Jain), son of other attesting witness Mool Chand Jain. The Will in question was handed over by Sumat Pershad Jain to PW-4 (Chakresh Kumar Jain), the then General Secretary of the society, in the presence of PW-Mool Chand Jain. It is urged that both the attesting witnesses Jaggi Mal Jain and Mool Chand Jain were acquainted with the testator. Jaggi Mal Jain and deceased Ratan Lal Jain had their houses adjacent to each other. PW-3 (Mahavir Prasad Jain) was familiar with the signatures of Ratan Lal Jain and Jaggi Mal Jain. No material inconsistency has emerged in the statements of the attesting witnesses; the Will dated 15.10.1977 stood proved. Cogent reasons were given by Ratan Lal Jain in the Will in question for bequeathing the property to the society; he ma