Point of Law: Unchallenged and un-rebutted testimony of petitioner and attesting witness proves that Will is last and final Will of deceased.

JUDGMENT :

Neena Bansal Krishna, J.

1. A Petition under Section 276 of the Indian Succession Act, 1925 has been filed on behalf of the petitioner for grant of probate/Letter of Administration of the Will annexed dated 02nd May, 2003 of his deceased mother- Smt. Shanti Singh who has bequeathed her property in favour of the petitioner.

2. The property was originally owned by Shri Shyam Narendra Singh. He died in 1964 intestate and was survived by his wife-Smt. Shanti Singh and four daughters- Mrs. Pushpa Singh, Mrs. Santosh Bahl, Ms. Usha Singh & Mrs. Shobha Singh, and a son- Sh. Yogendra Singh, who is the petitioner.

3. On demise of Shri Shyam Narendra Singh, all the daughters executed a Relinquishment Deed in favour of the mother who became the owner of the property in question to the extent of half share while the petitioner was the owner of the other half share. Smt. Shanti Singh, the mother died on 06th February, 2010. On the basis of the Will dated 02nd May, 2003 of Late Smt. Shanti Singh, petitioner had filed this petition for probate of the Will by virtue of which Smt. Shanti Singh had bequeathed her half share in the property in favour of the petitioner.

A lifetime interest in a portion of the property has been created in favour of Smt. Usha Singh

4. All the four daughters - Mrs. Pushpa Singh, Mrs. Santosh Bahl, Ms. Usha Singh & Mrs. Shobha Singh had filed their Objection to the grant of probate in respect of their mother and taken a ground that the Will was forged and fabricated and they were also entitled to a share in the property.

5. During the pendency of the suit, Mrs. Pushpa Singh- Respondent No.1 died and her Legal Representatives- Smt. Gauri Singh and Sh. Gaurav Singh were substituted. Smt. Gauri Singh has given an affidavit/No Objection dated 10th March, 2021 to the grant of probate in favour of the petitioner. She has filed ‘No Objection’ on behalf of her brother, Sh. Gaurav Singh on the basis of a Special Power of Attorney (hereinafter referred to as 'SPA') executed in her favour. However, the SPA though executed in London, United Kingdom, had not been notarized and a proper notarized SPA/Affidavit of Sh. Gaurav Singh has now been placed on record in favor of Smt. Gauri Singh.

6. Mrs. Santosh Bahl, respondent No. 2 has given a ‘No Objection’ on 10.03.2021. Mrs. Shobha Singh, respondent No. 4 has given a ‘No Objection’ on 27th August, 2021. The record shows that there is no "No Objection" on behalf of the Ms. Usha Singh, respondent no. 3 who had earlier filed her Objections to contest the petition. She was proceeded ex-parte vide Order dated 12th March, 2020.

7. Issues on the pleadings were framed on 19th November, 2013 as under:

(i) Whether the present suit is maintainable before this Court? (Onus to prove on Objector/Pushpa Singh)

(ii) Whether the Will propounded by the petitioner of late Smt. Shanti Singh, W/o Sh. Shyam Narendra Singh dated 02.05.2003 was her last, valid and operative Will? (Onus to prove on petitioner)

(iii) Relief?

8. PW1, Mr. Yogendra Singh tendered his affidavit of evidence at Ex. PW1. The documents in support of his case are Ex. PW1/B.

9. PW2, Ms. Kamna Arora was the attesting witness to the Will dated 02nd May, 2003. Her affidavit of evidence is Ex. PW2/1. She has proved the Will as Ex. PW2/A and she has identified her signatures on the Will at point ‘A’ and point ‘B’ on both the pages. She also identified the signatures of the other attesting witness namely Ms. Manika Batra at point ‘C’ and point ‘D’. She also deposed that the deceased had signed the Will in her presence and in the presence of other attesting witness at point E and point F. Her Aadhar Card is Ex. PW2/2.

10. No evidence has been lead on behalf of any of the respondents.

11. Submissions Heard.

Issue no. 1:

Whether the present suit is maintainable before this Court? (Onus to prove on Objector/Pushpa Singh)

12. The onus of proving this Issue was on the Objector, Ms. Pushpa Singh. However, there is no evidence which has been lead on her b