The judgment emphasizes the importance of proving the execution of a Will as per the legal requirements, while also considering the impact of lengthy pendency and lack of opposition on the decision.

Rajiv Sahai Endlaw, J.

Probate is sought by the named executor of the document dated 24th April, 2000 claimed to be the validly executed last Will of the Shakuntala Devi, wife of Ratan Lal, resident of C-9, Inder Puri, New Delhi, who died in Mumbai on 23rd October, 2004.

2. The petition was entertained and notice and citation thereof ordered to be issued including by publication in the newspaper.

3. The order dated 24th March, 2014 records that all the near relatives of the deceased had been served and had filed their no objection.

4. Counsel for the petitioner also states that affidavits of no objection have been filed by all the close relatives of the deceased and none has come forward to object to the grant in spite of citation issued.

5. Unfortunately, in spite of none contesting this petition, the same has remained pending for 13 years.

6. The counsel for the petitioner states that the attorney of the petitioner and the two attesting witnesses namely Sanat Banerjee and Rajiv Agarwal to the document claimed to be the Will have been examined and the counsel for the petitioner contends that the petitioner has proved the Will.

7. A perusal of Ex.PW-2/A and Ex.PW-3/A, being the affidavits by way of examination-in-chief of two attesting witnesses to the document claimed to be the Will shows that the Will has not been proved and that the execution of the Will in accordance with the requirements of Section 63 of the Indian Succession Act, 1925 has not been established.

8. Exhibit P-2 was put on the document claimed to be the Will, at the stage of admission/denial of documents on 23rd August, 2013, on the near relatives admitting the document. Proof of a document as a Will, specially in testamentary jurisdiction, which is a proceeding in rem, cannot be on the basis of admission thereof, at the stage of admission/denial of documents, by the respondents who are in any case not contesting the probate sought. The Court, on the basis of such admission, is not entitled to grant probate or letters of administration with copy of the Will attached. Such admission binds only the respondents and cannot bind others, or world at large, whom also such probate/letters of administration will bind.

9. Section 68 titled "Proof of execution of document required by law to be attested" of the Indian Evidence Act, 1872 provides that if a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence. Though the proviso to the said Section provides that it is not necessary to call an attesting witness in proof of execution of a document which has been registered in accordance with the provisions of the Registration Act, 1908 unless its execution by the person by whom it purports to have been executed is specifically denied but the said proviso is inapplicable to a Will.

10. Section 63 titled "Execution of unprivileged Wills" of the Indian Succession Act, 1925 provides that every testator shall execute his Will according to the following rules:

"(a) The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will.

(c) The Will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the Will in the presence of the testator, but it shall not be necessary that