The court held that a will can be granted probate when supported by the testimony of at least one attesting witness and no objections from other beneficiaries, thereby establishing its authenticity.

JUDGMENT

Neena Bansal Krishna, J.

1. The petitioner through Mr. Ankit Bhattacharya, Special Power Attorney has filed the present petition to seek grant of Probate of the Will dated 21st October, 2014 of his father Late Shri Subhash Chander under Section 276 Indian Succession Act, 1925.

2. It is stated that Late Subhash Chander was married to Smt. Shakuntala and from their wed-lock two sons namely Sumit Kashyap and Nishant Kashyap, the respondent No.2&3 and one daughter Smt. Rubina, the petitioner were born. Smt. Shakuntala died on 23rd October, 2010. Shri Subhash Chander expired on 21st May, 2016. During his life time he executed a Will dated 21st October, 2014 in respect of his immovable properties namely:

a. Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi-110018.

b. HIG Flat No. 183, 8th Floor, Category-B, Block-1, Sector-18-A, the Samrat Ashoka Enclave Co-operative Group Housing Society Ltd, Phase-II, Dwarka, New Delhi-110078.

3. It is stated that the petitioner intends to relinquish his entire share, title and interest in the property i.e. HIG Flat No. 183, 8th Floor, Category-B, Block-1, Sector-18-A, the Samrat Ashoka Enclave Co-operative Group Housing Society Ltd, Phase-II, Dwarka, New Delhi-110078, in favour of the younger brother respondent No.3. It is further submitted that as per the Will dated 21st October, 2014 no interest share in respect of property bearing Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi- 110018, was either bequeathed to the petitioner and/or respondent No.3, nor are any rights are being claimed by the petitioner in the present property. A prayer is made that a Probate on the basis of last Will dated 21st October, 2014 of Late Shri Subhash Chander, be granted.

4. The Valuation Report in respect of the two properties is as under:

(a.) Janta Flat No. 69, on the First Floor, situated at Vikaspuri, New Delhi.

b.) HIG Flat no. 183, 8th Floor, Category-B, Block-I, Sector-18A, the Samrat Ashoka Enclave Co-operative, Group Housing Society Ltd, Phase-H, Dwarka, New Delhi-110078.

5. The "No Objection" Certificate dated 01st October, 2021 has been given by respondent No.2 and respondent No.3.

6. The petitioner, in support of her case has examined two witnesses. PW1 Ms. Sandhya Kashyap is the attesting witness who has proved her Affidavit of Evidence as Ex.PW1/A. A copy of her Aadhar Card is Ex.PW1/1. The original Will dated 21st October, 2014 is Ex.PW1/2 on which she has identified her signatures at point C and that of other attesting witness Late Shri Azad Kashyap at point D. She has further deposed that the Testator deceased Shri Azad Kashyap had signed and put the thumb impression at point D on all the pages of the Will in her presence.

7. PW2 Sh. Ankit Bhattacharya is the Special Power of Attorney Holder of the petitioner who tendered his Affidavit of Evidence as PW2/1. It is deposed by him that both Respondent No.2 and Respondent No.3 have given the