1. Whereabouts of Shri Ajit Singh Kalsi, R/o P-83, South Extension, Part-II were not known since 18th May, 2000 having been last seen on 17th May, 2000. Have not been heard for 7 years by those who would have naturally heard of him if he had been alive, in terms of Section 108 of the Indian Evidence Act, Sardar Ajit Singh Kalsi would be deemed to be dead on 18th May, 2000.

2. Sardar Ajit Singh Kalsi was survived by five sons namely Gurmeet Singh Kalsi, Ranbir Singh Kalsi, Anil Deep Singh Kalsi, Harpreet Singh Kalsi and Jasdeep Singh Kalsi, his wife Smt. Kamal Kalsi having pre-deceased him.

3. Jasdeep Singh Kalsi and Harpreet Singh Kalsi filed a Probate Case No.177/2007 claiming share in the property No. P-83, NDSE, Part-II as per the registered Will dated 21st December, 1987 before the learned District Judge. In the said probate case objections were filed by Anil Deep Singh Kalsi who also filed Testamentary Case No.57/2009 before this Court seeking probate of the Will dated 1st July, 1997 which was duly registered on 15th December, 1997 whereby Anil Deep Singh Kalsi was bequeathed the entire property of P-83, NDSE, Part-II.

4. In the Probate Case learned District Judge only decided the issue of validity of the Will dated 21st December, 1987 (hereinafter referred to as first Will) and granted a probate certificate in favour of Jasdeep Singh Kalsi and Harpreet Singh Kalsi. It noted that the issue of propounding of the Will dated 1st July, 1997 (hereinafter referred to as second Will) was pending before the High Court and subjudice, thus the said issue was not decided.

5. Challenging the order dated 10th July, 2014 passed by the learned ADJ Anil Deep Singh Kalsi filed FAO No.34/2014 wherein with the consent of learned counsels for both the parties the judgment dated 10th July, 2014 and the subsequent correction made on 21st July, 2014 were set aside. The Probate Case No.177/2007 was transferred to this Court and numbered as Testamentary Case No.40/2016.

6. Learned counsels for the parties also consented that the evidence led in Probate Case No. 177/2007 re-numbered as Testamentary Case No.40/2016 would be read in both the Testamentary cases and the validity of the two Wills in both the Testamentary Cases be decided together.

7. To propound the first Will, Jasdeep Singh Kalsi examined Vibhu Kapoor an attesting witness of the first Will as PW-1 and himself as PW-2. By virtue of the first Will Ex.PW-1/A equal shares were granted to the five sons of Ajit Singh Kalsi in the Dehradun property known as ‘Kalsi Villa’ Dehradun and the land attached thereto, however the property bearing No.p-83, NDSE was bestowed as under:

“(1) Shri Jasdip Singh Kalsi – The ground floor of the said house which is at present self occupied and Barsati at second floor with the toilet and small kitchen in the stairs (which is at present occupied by Shri Jasdip Singh Kalsi). The second floor Barsati along with small kitchen in the stairs and toilet will be made available to Ranbir Singh and or Harpreet Singh in case these are required for their temporary residence. All moveable property, shares, deposits in Bank etc. will go to Shri Jasdip Singh Kalsi and nobody else will have any share or title to the said property.

(2) Shri Harpreet Singh Kalsi – The first floor (at present on rent) of the above house No.P-83, N.D.S.E. II will go to my son Shri Harpreet Singh Kalsi absolutely and he will be entitled to deal with it in any manner he likes.

(3) Shri Anil Deep Singh Kalsi – The second floor of the above house No.P-83, N.D.S.E.II (except the old room, toilet and small kitchen in the stair) will go to my son, Shri Anil Dip Singh Kalsi and he will be absolute owner of the same. He has already built the second floor with his own funds, and has shifted there.

The stair and passage to the ground, first and second floor shall be common property of all my above three sons.

I hereby appoint Shri Jasdip Singh Kalsi my youngest son as the executor of my above will.”

8. As pe