The unchallenged and unrebutted testimony of the petitioner and the attesting witnesses, along with compliance with the legal requirements, proved the authenticity of the Will and entitled the petitioner to the grant of Letters of Administration/Probate.

JUDGMENT

1. The present petition has been filed under Section 276 and 278 of the Indian Succession Act, 1925 (hereinafter referred to as the `Act.) by the petitioner seeking grant of Letters of Administration/Probate of the Will dated 15.01.2020 in respect of the immoveable properties left behind by his Paternal Aunt, Kumari Lajja Bhatia (hereinafter referred to as `the Testatrix.)

2. It is alleged that the Testatrix was a permanent resident of 17/14, Old Rajinder Nagar, New Delhi-110060 and expired on 19.04.2020 as a spinster, leaving behind Shri Mukund Bhatia (Nephew of the Testatrix), petitioner herein; Shri Prem Girdhari Lal Bhatia (Brother of the Testatrix), respondent no.2 herein; Late Vir Bhatia (Pre-Deceased Brother of the Testatrix) survived by his wife and two sons, impleaded as respondent no.3 (i) to (iii) herein; and Dr. Indira Sahajwalla (Sister of the Testatrix), respondent no.4 herein.

3. It is the case of the petitioner that the freehold property bearing No. 17/14, Old Rajinder Nagar, New Delhi-110060 (hereinafter referred to as "Property-I"), was a self-acquired property of the father of the Testatrix, Late Girdhari Lal Bhatia, and by virtue of the Will executed by Late Girdhari Lal Bhatia, the abovementioned property was bequeathed to the Testatrix. Thereafter, upon the death of the Testatrix, the above property has devolved upon the petitioner by virtue of the subject Will dated 15.01.2020, executed by her.

4. The other immoveable property bearing No. LU-96, Pitampura, Delhi-110034 (hereinafter referred to as "Property-II") was purchased by the Testatrix vide a Conveyance Deed dated 29.07.2004, and in terms of the subject Will, is to be divided in the following manner:

a. 70% share of the said property shall devolve upon the petitioner;

b. The remaining 30% share of the said property shall devolve upon the respondent no. 5, which is a religious Trust.

5. It is averred in the petition that during her lifetime, the Testatrix had executed the subject Will dated 15.01.2020, which is her last Will and testament in respect of her moveable and immoveable properties, in the presence of two Attesting Witnesses, as mentioned hereinbelow:

a. Shri Vijay Vasandani

S/o Late Kishan Chand Vasandani

R/o 17/15, Old Rajinder Nagar,

New Delhi-110060;

b. Shri Ashok Pohuja

S/o Sh. Badaldas J. Pohuja

R/o 17/19, Old Rajinder Nagar,

New Delhi-110060

6. The petitioner, in paragraph 6 of the petition, also gives the details of the movable assets in the form of Fixed Deposits, PPF and Shares left behind by the Testatrix.

7. By the order dated 21.01.2022, notice was issued in the present petition. Citation was also directed to be published in two daily national newspapers, one in English edition and one in Hindi edition, having wide circulation in NCT of Delhi, Pune, Mumbai and Jaipur. On the same date, the petitioner was also directed to file the original Will before the learned Joint Registrar (Judicial).

8. It has been recorded in the order dated 21.07.2022, passed by the learned Joint Registrar (Judicial), that the original Will was filed by the petitioner and kept in a sealed cover.

9. The valuation reports in respect of the Property-I and Property-II have been filed by the respondent no.1 and are on record.

10. As per the affidavit of service filed by the petitioner dated 19.07.2022, the respondent nos. 3 to 5 were duly served however, despite service, they failed to appear. Thereafter, vide order dated 07.02.2023 passed by the learned Joint Registrar (Judicial), the right of the respondent nos. 3 to 5 to file objections has been closed.

11. The respondent no.2 has filed an Affidavit giving his `No Objection' in case the Letters of Administration/Probate of Will dated 15.01.2020 is granted in favour of the petitioner.

12. The learned counsel for the petitioner submits that this is an uncontested case.

13. Evidence by way of affidavit of the petitioner (PW-1) was tendered on 07.02.2023. Apart from stating the facts and averments