The court established that the unchallenged testimony of the Executor is sufficient to prove the authenticity of a Will, supporting the grant of Probate even in the face of opposition from other legal heirs.

JUDGMENT

Neena Bansal Krishna, J. The present petition has been filed under Sections 276 and 278 of the Indian Succession Act, 1995 on behalf of the petitioner seeking grant of Probate/Letter of Administration of Will dated 20th May, 1993 of Smt. Basant Kaur.

2. Facts in brief are that Smt. Basant Kaur, wife of Late Subedar Shadi Lal Chadha during her lifetime, executed a Will dated 20th May, 1993, while she was in possession of her mental and physical senses. Smt. Basant Kaur appointed Mr. D.P. Sachdeva, Advocate as the Executor of the said Will dated 20th May, 1993. Smt. Basant Kaur died on 13th December, 1997 and was survived by four sons, namely, Mr. Gian Prakash Chadha, Mr. Ram Prashad Chadha, Mr. Gur Prashad Chadha and Mr. Prakash Lal Chadha and grandson, namely, Mr. Aftab Chadha, who is the son of Late Major Tilak Raj Chadha.

3. Smt. Basant Kaur left the moveable and immoveable properties which are as under:

"Immoveable properties:

1. Plot No. A-299, Defence Colony, New Delhi-110024, measuring about 217 square yards, having built up-to three storeys.

2. Plot No. 9-3C, 138, measuring about 796 square yards at Sainik Co-operative Society Ltd., Defence Colony, Dehradun.

Moveable properties:

1. Fixed deposit in the band and small quantity of gold which was utilized at the time of the marriage of respondent No.6, the grandson of the deceased Smt. Basant Kaur"

4. The respondent No. 5-Prakash Lal Chadha was deprived of rights, title and interest in the aforesaid properties, since he had taken 3/4th of the property at Kashmeri Gate, Municipal No. 1-225, which belonged to his brothers, namely, respondent Nos. 1 to 4 and had sufficient rental income from the tenants/shopkeepers by letting out the property and he had also received premium (pagri) from the tenants, while renting out property and had taken possession of one room in the said property, wherein the deceased had established a small family temple and spent about Rs.85,000/- at the time of marriage of the daughter of the respondent No. 5.

5. The petitioner has described the manner in which the properties were to be divided which are as under:

"1. The Ground Floor of the above-said House No. A-299, Defence Colony, New Delhi-110024, shall devolve upon respondent No. 2, less front portion which shall be used for parking of common vehicles. Since there are two gates, the gate along with the adjacent Property bearing No. A-300, be used for parking the car in lawn of respondent No. 2 only, who is presently occupying the ground floor of the said property A-299, Defence Colony, New Delhi.

2. The First Floor of the above-said property bearing No. A-299, Defence Colony, New Delhi shall devolve upon exclusively in favour of the respondent No. 3 who is presently occupying the said portion of the said property.

3. That the Second Floor of the above-said Property No. A-299, Defence Colony, New Delhi shall devolve upon respondent No. 4, who shall have no exclusive right on the terrace of the said floor which shall be commonly used by the respondent Nos. 1, 2 and 3 respectively.

4. That the property situated at Dehradun Plot No. S-3C, 138, measuring about 796 sq. yrds. at Sainik Co-operative Society Ltd., Defence Colony, Dehradun, U.P. shall devolve upon the respondent No. 6 who (as per Will) is living in U.S.A. and in case he did not return to India by end of 1998 the said property shall be equally divided amongst the other respondent Nos. 1, 2 and 3 r