JUDGMENT

Najmi Waziri, J.

Facts:

1. These three appeals impugn the judgment passed by the learned Single Judge on 03.07.2012 dismissing the appellant's Testamentary Case No. 26/1987 seeking probate of the last Will and Testament dated 30.10.1985, executed by Late Raja Bahadur Sardar Singh of Khetri (`Testator'). While FAO(OS) 347/2012 has been filed by the Trustees of the Khetri Trust, the beneficiary under the Will, FAO(OS) 348/2012 has been filed by the sole surviving Executor of the Will, both of whom challenge the dismissal of the petition. FAO(OS) 349/2012 filed by the State of Rajasthan impugns the judgement to the limited extent that the Trustees of the Khetri Trust (Appellants in FAO(OS)(347/2012)) were permitted to be impleaded.

Background to the dispute

2. The Testator was a well educated man, having studied at Cambridge University and completed his Bar-at-Law from England. He was a Member of Parliament (Rajya Sabha) as well as India.s Ambassador to Laos. Being conscious of the fact that he had no Legal Heirs (`LRs'), the Testator deliberated with qualified persons from the fields of finance and law, about the treatment of his estate after his demise. Two such professionals were Mr. P.N. Khanna, who was the Testator.s Chartered Accountant for many years and the other was Mr. Danial Latifi, Senior Advocate, a personal friend of the Testator. His Will was drafted by Mr. Danial Latifi and was executed in two identical counterparts at Tis Hazari Courts, Delhi on 30.10.1985 in the presence of two attesting witnesses, namely, Mr. P.N. Khanna (PW1) and Mr. R.K. Singh (RW8), who put their hands to the Will and the same was presented in a sealed envelope to the Registrar. On the sealed envelope, the following text was inscribed with the signatures of the Testator, Mr. P.N. Khanna, Mr. R.K. Singh and Registrar, Delhi. Its photocopy is reproduced as under:

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Typed Copy of the sealed envelope: (to be replaced)

"Will of Raja Bahadur Sardar Singh of Khetri S/o Raja Bahadur Amar Singh of Khetri, 5, Sardar Patel Road, Khetri House, New Delhi.

The Sealed cover of Will deposited by Raja Bahadur Sardar Singh is identified by Sh. P.N. Khanna S/o L. Bharat Ram R/o 14/15, Connaught Place, N. Delhi & Sh. R.K. Singh, Advocate. The sealed cover of Will only and no monogram.

Sd/-

Sd/- 30.10.11

(Raja Bahadur Sardar Singh)

(G.K. Dikshit)

Sd/-

(P.N. Khanna)

Sd/-

(R.K. Singh)

Advocate.

3. The last Will and Testament dated 30.10.1985 as retrieved from envelope reads as under:

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4. The Testator willed his entire estate, movable and immovable assets as appeared from his Wealth Tax Returns, upon a Trust called `Khetri Trust., created by the Will and Testament dated 30.10.1985 itself, for which he appointed four Executors and Trustees, namely: (i) Lady Olga Manning of Hampton Court Palace, East Molesey, Surrey; (ii) Mr. Danial Latifi, Senior Advocate, A-20, Neeti Bagh, New Delhi; (iii) Mr. Romesh Thapar, Kautilya Marg, New Delhi; and (iv) Mr. Parmeshwar Prashad, Manager Khetri Investment Corporation (P) Ltd., 1/9 Rani Jhansi Road, New Delhi. The bequeathed assets were to vest in the Khetri Trust and