The main legal point established in the judgment is the proof of the Will dated 12th December, 2005 by the petitioner, leading to the grant of letter of administration in favor of the petitioner.

MUKTA GUPTA, J.

1. By the present petition filed under Section 276 of Indian Succession Act, 1925, the petitioner seeks grant of probate/Letter of Administration in respect of the last Will of Late Shri Daljeet Singh Bawa executed on 12th December, 2005 in favour of the petitioner.

2. Briefly stated, the petitioner is the adopted son of the deceased Late Shri Daljeet Singh Bawa and is residing at 2895-H, Kamookoa Road, Kilauea, Hawaii, 96754, USA. The petitioner has appointed Shri Mukhtyar Singh as his Special Attorney vide Special Power of Attorney dated 30th March, 2009 to sign, verify and file the present petition.

3. The deceased, Late Shri Daljeet Singh Bawa, passed away on 27th March, 2008 at Delhi after executing a Will dated 12th December, 2005 bequeathing and vesting all his movable and immovable properties unto a Trust named “Bawa Development Study” and appointed the petitioner as the permanent Chairman and the sole trustee of the Trust. Shri Mukhtyar Singh was appointed as the Vice-Chairman of the Trust. The Will dated 12th December, 2005 was duly registered with Sub-Registrar-V, Delhi.

4. The details of all the movable and immovable properties bequeathed upon the trust is enumerated as under:

“IMMOVABLE PROPERTY

i. R-17, Hauz Khas Enclave, New Delhi- 110016 fully built-up.

ii. HIG9, Jakhoo Hill Housing Board Colony, Simla- 171002, HP, India.

iii. Agricultural land of approximately one killa and a residential plot of approximately 1000 square meters in Village Khaddor Sahib Tehsil Tarn Taran, District Amritsar, Punjab, India

MOVABLE PROPERTIES

i. The jewellry and ornaments of late wife of the deceased Sh. D.S. Bawa in Locker No.173, Punjab National Bank, Lodhi Colony, New Delhi

ii. Deposits lying in the following bank accounts:-

(a) A/c No. 90492010015685 Syndicate Bank, Hauz Khas, New Delhi in the name of “Bawa Development Study” having credit balance of Rs.3,27,974.00

(b) A/c No. 90492010000679 Syndicate Bank, Hauz Khas, New Delhi in the name of Shri D.S. Bawa having credit balance of Rs.14,86,906.00

(c) A/c No. 01750020000246 with The Kotak Mahindra bank Ltd., Safdurjang Enclave, New Delhi in the name of “Bawa Development Study” having credit balance of Rs.2,48,455.00

(d) A/c No. 01750020000081 with The Kotak Mahindra bank Ltd., Safdurjang Enclave, New Delhi in the name of Shri D.S. Bawa having credit balance of Rs.5,02,095.00

(e) FDR No. 01753630000072 in the sum of Rs.25,000.00 with The Kotak Mahindra Bank Ltd., Safdurjang Enclave, New Delhi.

(f) FDR No. 01753730000475 in the sum of Rs.3,00,000.00 with The Kotak Mahindra Bank Ltd., Safdurjang Enclave, New Delhi.

(g) FDR No. 01753730001035 in the sum of Rs.15,00,000.00 with The Kotak Mahindra Bank Ltd., Safdurjang Enclave, New Delhi.”

5. At the time of the death of the deceased, he had no other legal heir except the petitioner, since the wife of the deceased namely Smt. Mohinder Kaur had predeceased him and the two children born out of the wedlock died at a very early state i.e. the daughter soon after the birth and the son at the age of 15 years. Thus, the deceased is not survived by any other class I legal heir except the petitioner. As per the Will, the petitioner is the sole legatee and beneficiary in respect of the estate of the deceased and has also been named as the executor of the Will.

6. The petitioner had filed a schedule of relatives which was taken on record vide order dated 4th March, 2011. As per the schedule, Smt. Mahinder Kaur, sister of the deceased, was the only relative of the deceased. During the pendency of the present petition, Smt. Mahinder Kaur passed away on 8th June, 2011 and her legal heirs were brought on record namely Mrs. Barinder Rekhi (respondent no. 2) [though wrongly named as Surinder Rekhi in amended memo of parties, also noted vide order dated 30.4.2014], Mr. Harbhajan Uppal (respondent no.3), Ms. Dhiraj Bhalla (respondent no. 4) and Mr. Prithpal Singh Bhalla (respondent no. 5). Since no objections were filed by the aforesaid legal hei