The main legal point established in the judgment is the grant of Letters of Administration in accordance with the Indian Succession Act, 1925, based on the uncontested nature of the case and the acceptance of the Will as the last testament.

JUDGMENT

C Hari Shankar, J. - By this petition, the petitioner seeks grant of Letters of Administration, in order to enable the petitioner to administer the estate of late Dr. N.C. Singhal, his father, consequent to a Will, dated 12th May, 1991, executed by Dr. Singhal (hereinafter referred to as "the Testator"), who expired on 20th November, 2004.

2. Mrs. Premwati Singhal, the mother of the petitioner and wife of the Testator, expired on 27th October, 2017. The Testator is stated to be survived by the petitioner, his two brothers Mr. Prakash Chand Singhal and Mr. Tara Chand Singhal, who are impleaded as Respondent Nos. 2 and 3 herein and his sister Veena Gupta, who is impleaded as Respondent No. 4.

3. It is stated that, initially, an unexecuted Will dated 4th October 2004 was discovered by the petitioner and respondents, consequent to the death of the testator, and that they had informally agreed to abide by the covenants thereof. Later, however, the petitioner and Respondent Nos. 1 and 2 came in possession of an executed Will dated 12th May, 1991, of the Testator, in respect whereof, the present petition has been filed.

4. The Will was executed in the presence of Mr. Satish Chand Aggarwal and Mr. R.P. Agrawal, witnesses, who had also appended their signatures thereto. This, it is stated, was the last Will and testament of the Testator.

5. Respondent No. 4 is stated to have demurred, qua devolution of one particular property of the Testator, being C-115, Greater KailashI, New Delhi-110048. It is asserted that this property was the self acquired property of the Testator, purchased under a registered sale deed dated 6th September, 1997.

6. The original of the Will dated 12th May, 1991, as well as the registered Sale Deed dated 6th September, 1997, have been placed on record.

7. It is further asserted that the Testator was in sound health and of sound disposing mind at the time of execution of the Will dated 12th May, 1991. Under the said Will, the property at C-115, Greater Kailash-I, New Delhi-110048, inter alia, was bequeathed to the petitioner. The status of the various properties has been provided, in a tabular form, in para 9 of the petition, which may be reproduced thus:

8. The petition has been verified by the executors of the Will and their affidavits have been attached to the petition.

9. As a beneficiary to the aforesaid Will, the petitioner seeks Letters of Administration, to administer the estate of the Testator in terms thereof.

10. The petition prays thus:

"In view of the above narrated facts and circumstances, the Petitioner most humbly pray to this Hon'ble Court:

a) To grant Letters of Administration of Will dated 12.05.1991 with respect to the estate of Late Dr. N.C Singhal in favour of the Petitioner enabling the Petitioner to administer the estate of the Testator. and/or.

b) Pass any such other reliefs as this Court may deem fit and proper in the facts and circumstances of the present case to meet the ends of justice."

11. Notice was issued, in the present petition, on 29th May, 2019 and citations were directed to be published. Valuation reports were also called for from the concerned Sub-Divisional Magistrates (SDMs).

12. On 21st November, 2019, it was observed, by the court, that Respondent Nos. 2 and 3 did not oppose the petition. As there was a discrepancy with respect to one of the properties of the Testator,