The court affirmed the validity of a Will and granted probate when all objectors withdrew their claims and accepted the beneficiary's entitlement.

JUDGMENT

V. Kameswar Rao, J. The present petition has been filed under Section 276 of the Indian SUCCESSION ACT , 1925 seeking probate of the document dated May 31, 1989 claimed to be the validly executed last Will of deceased Shyama Sharma, who died on January 07, 1990. The prayers made in the petition are the following:

"It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to:

(a) Probate the Last Will dated 31.5.1989 executed by late Smt. Shyama Sharma, in favour of the Petitioner.

(b) In the alternative grant letter of Administration to the Petitioner

(c) Pass any other order or further orders deem fit and proper in the facts and circumstances of the case."

2. It is averred in the petition that the testatrix is survived by the petitioner, who is the adopted son of the testatrix and has been appointed as an executor to the Will, and four daughters i.e., Respondent Nos. 2-5 viz. Smt. Usha Pushkarna (died during pendency of the petition), Smt. Kamla Sharma, Smt. Krishna Dwivedi and Smt. Santosh Sharma. It is noted from the record that the husband and one daughter (Late Nirmala Pushkarna) of the testatrix pre-deceased her.

3. The deceased is stated to have executed a document called a Will dated May 31, 1989 (hereinafter `Will'), which was duly attested by Shri Anoop Bagai and Shri Sanjeev Sindhwani. The contents of the same are reproduced hereinunder:

"I, Dr. (Mrs.) Shyama Sharma, W/o Late Sh. Baykunth Nath aged about 66 years, resident of I/F-136, Lajpat Nagar, New Delhi, hereby execute this my last WILL in a sound disposing state of mind.

1. I hereby revoke all former and other wills and testaments by me at any time thereunto made, especially the Will dated 20th July, 1988 duly registered before the sub-Registrar vide Registered No.3545 in Additional book No.3, vol. 458 on pages 178 to 180 on 20th July, 1988.

2. Whereas my husband, Late Sh. Baykunth Nath has predeceased me, leaving behind only four daughters, namely Smt. Kamala Sharma W/o Sh. R.C. Sharma, Smt. Santosh Kumari W/o Sh. Om Parkash Sharma, Smt. Usha Push Karna W/o Sh. A.C. Pushkarna and Smt. Krishna Duvedi W/o Sh. R.K. Duvedi.

I may declare that all my above named daughters are happily married and since I have given a lot to them during my life time, they shall have no right to claim any share/interest from any of my movable or immovable properties.

3. That I also had one more daughter, namely Smt. Nirmala Pushkarna W/o Sh. Madan Mohan Pushkarna, who unfortunately died in April, 1972. She had three daughters and two sons at the time of her death. But now since I have no link at all with her husband Sh. Madan Mohan Pushkarna and their children anymore, they shall have no right to claim any share/interest from any of my movable or immovable properties.

4. I may declare that I had adopted Sh. Rajindra Prashad Sharma, son of Smt. & Sh. Om Parkash Sharma as my son, since 13th January, 1965, vide a registered adoption deed, who has been residing with me since about 24 years.

5. It is my wish and desire that after my death my son, Sh. Rajinder Prashad Sharma shall be entitled to all my estate, and effects thereof absolutely and forever. I accordingly, declare him as the sole beneficiary and legatee of my this last WILL. I hereby give, devise and bequeath, absolutely and for ever, to my said son, Sh. Rajinder Prashad Sharma, for his use and benefit, all my properties, assets and credits, both movable and immovable of whatsoever character and wheresoever sit