IMPORTANT POINT
The main legal point established in the judgment is the grant of probate under Section 276 of the Indian Succession Act, 1925, based on the uncontested nature of the Will and the no objection from all legal heirs.

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present petition under Section 276 of the Indian Succession Act, 1925 seeks grant of probate in respect of the last and final Will of late Smt. Raj Kumari Kenth (`Testatrix') dated 19th January, 2012. The t estatrix was married to late Shri. Sohan Lal Kenth and had eight children - named below:

(i) Mr. Tirath Ram Kenth (son) (Petitioner No. 2)

(ii) Mr. Hreesh Kenth (son) (Petitioner No. 1)

(iii) Mr. Permosh Lal Kenth (son) (Respondent No. 2)

(iv) Mr. Kishore Kumar Kenth (son) (Respondent No. 3)

(v) Late Mr. Pradeep Kumar Kenth (son)

(vi) Mr. Pawan Kenth (son) (Respondent No. 4)

(vii) Mrs. Sheila Devi Kambo (daughter) (Respondent No. 5)

(viii) Mrs. Leela Suman Taheem (daughter) (Respondent No. 6)

3. The Will dated 19th January, 2012 has been placed on record. The various movable and immovable properties which were owned by her are mentioned in paragraphs 4 and 6 of the petition which are set out below:

"Immovable Assets

(i) Freehold commercial-cum-residential property bearing no. R4, measuring 408 square yards, situated at Green Park, New Delhi, India (having built up area of approx. 7000 square feet building);

(ii) Leasehold commercial premises bearing no. 212, measuring 689 square feet, situated Ansal Chambers, 6 Bikaji Cama Place, Delhi, India;

(iii) 50% share in the freehold premises bearing no. 215, measuring 250 square yards, situated in Sector 6, Panchkula, Haryana, India (2 storey building, having built up area of 2000 square feet); and

(iv) Freehold premises bearing no. A-2901, measuring 410 square yards, situated in Greenfields, Faridabad, India."

Movable Assets

"(i) NRE Fixed Deposit Account bearing no. 1994.103.2453 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi-110001;

(ii) NRO Savings Account bearing no. 1994.407.743 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi - 110001;

(iii) NRO Savings Account bearing no. 1994.407.847 held with Canara Bank, branch at 16, Barakhamba Road, New Delhi - 110001;

(iv) NRE Fixed Deposit Account bearing no. 0988.303.000.8350 held with Oriental Bank at Sector 11, Panchkula, Haryana;

(v) NRE Fixed Deposit Account bearing no. 2488.300.003.275 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana;

(vi) NRO Savings Account bearing no. 2488.300.003.276 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana;

(vii) NRO Savings Account bearing no. 2488.010.000.5905 held with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana;

(viii) Savings Account bearing no. 602.001.010.009.816 held with Vijaya Bank at Ansal Chamber 2, Flat No. Ug 27/35, 6 Africa Avenue, Bikaji Cama Place, New Delhi 110066;

(ix) Fixed Deposit dated 9 March 2010 held with State Bank of Patiala, Branch No. 0387 situated at House No. 199, Sector 7, Panchkula, Haryana maturing on 9 March 2012;

(x) Fixed Deposit dated 28 March 2011 held with State Bank of Patiala, Branch No. 0387 situated at House No. 199, Sector 7, Panchkula, Haryana maturing on 28 March 2013; and

(xi) Savings account bearing no. 2488.030.000.3319 with Bank of Baroda at SCO 22, Sector 11, Panchkula 134109, Haryana jointly with Mr. Tirath Ram Kenth (Petitioner No. 2) and Mr. Hreesh Kenth (Petitioner No. 1)."

4. The testatrix passed away on 18th February, 2021. As per the Will, late Smt. Raj Kumari Kenth appointed two of her sons namely the Petitioners- Mr. Hreesh Kenth and Mr. Tirath Ram Kenth as the executors of her Will. Two of the Petitioners are the sons who are also the executors of the Will. Out of the remaining children, one son Mr. Pradeep Kumar Kenth has predeceased her on 2nd December, 2016. The remaining children are arrayed as Respondent Nos. 2 to 6 and the children of the pre-deceased son are arrayed as Respondent Nos. 7 and 8.

5. The Court has perused the notarised copy of the Will. As per the said Will, the testatrix has bequeathed all her movable and immovable properties equally in favour of her six sons. Th