The court affirmed the validity of a Will under the Indian Succession Act when supported by evidence of attesting witnesses, confirming the executor's authority despite the death of a co-petitioner.

JUDGMENT

V. Kameswar Rao, J. This petition under Section 276 of the Indian SUCCESSION ACT , 1925 was initially filed by two petitioners (namely Nikhil Nanda and Ritu Nanda), with the following prayers:

"In view of the above stated facts and circumstances, it is therefore prayed that this Hon'ble Court may be pleased to:

a. Grant, in favour of the Petitioner being the named Executor, Probate of the Will dated 04-01-2018 duly executed by the Testator, Late Shri Rajan Nanda @ R P Nanda Son of Late Shri Har Prasad Nanda and b. Pass such other or further order/s or

such directions, as this Hon'ble Court may deem fit, just and proper in the circumstances of the case and also to meet the ends of justice."

2. In substance, Nikhil Nanda petitioner No.1 is seeking Probate of the document purported to be the Will dated January 04, 2018 of the deceased Rajan Nanda @ R.P. Nanda. It is stated in the petition that petitioner being the appointed executor/administrator to the Will has distributed amongst the beneficiaries the immovable property(s) mentioned in the Will and also the movable properties.

3. It is stated in the petition that the testator Rajan Nanda @ R.P. Nanda, who expired on August 05, 2018, in Gurugam, Haryana, has executed a registered Will dated January 04, 2018, duly attested by Vinod Dixit and Dr. S.R. Ahuja.

4. It is the case of the petitioner No.1 and Ritu Nanda that the said Will was duly registered with the office of Sub-Registrar-V (1), New Delhi as Document No.17 in Additional Book No.3, Vol. No. 42 at pages 72 to 83 on January 04, 2018.

5. In the present petition, notice was issued to the State on May 27, 2019 and citations had been published in the newspaper `The Statesman' (English) Delhi edition and `Navbharat Times' (Hindi) Delhi edition. Objections have not been filed despite publication of the citations. Notice was duly served on the State and Valuation report has been filed by the SDM, Badkhal regarding valuation of immovable property, i.e., 2, Friends Colony, and Asst. Collector (Grade-I) Sub Division (Defence Colony), District South-East, New Delhi has submitted report dated August 08, 2019 along with bank statement of Account in HSBC in the name of late R.P. Nanda.

6. Affidavits supporting the petition/`No Objections' have been filed by the petitioner No.1 and the respondent No.2 to the effect that they do not have any objection if the relief as prayed for, is granted in favour of Ritu Nanda/petitioners.

7. Petitioner No.1 also entered the witness box and tendered the evidence by way of affidavit (Ex.PW1/X) in examination-in-chief. Along with documents exhibited, he has proved the petition as Ex. PW1/1A and the Death Certificate of the deceased as Ex. PW1/1 (OSR). Though, he has also sought to prove the document exhibited as Ex. PW 1/2 (OSR) dated January 04, 2018 as the validly executed last Will of the deceased Rajan Nanda but not being an attesting witness thereto, his evidence in that respect is irrelevant. Further, the petitioner has proved the passport of the testator as Ex. PW-1/3 (OSR).

8. PW-2 Vinod Dixit, in his evidence by way of affidavit (Ex.PW2/X) has deposed, that (i) he is one of the attesting witnesses of the Will dated January 04, 2018 executed by the deceased testator; (ii) the Will was executed by the deceased in his presence; (iii) one Dr. S.R. Ahuja was also present when the Will dated January 04, 2018 was executed; (iv) he along with Dr. S.R. Ahuja signed the said Will in presence of each other as well as the Testator; (v) that the said Will was registered in the