The propounder of a Will must remove all suspicious circumstances to validate its execution; failure to do so results in dismissal of probate applications.

JUDGMENT

Amit Bansal, J. The present petition has been filed by the Petitioner under Sections 276 & 278 of Indian Succession Act, 1925 for grant of probate of the Will dated 28th December, 2013 executed by Late Sh. Manmohan Singh Kohli (hereinafter referred as `Testator').

2. It has been stated in the petition that the Testator did not have any legal heirs and therefore, the Government of NCT of Delhi was the sole respondent in the present petition. Notice in the petition was issued on 29th February, 2016. After the publication of the citations, the counsels for the Objectors namely Jatinder Singh and Jyoti Singh appeared before Court on 19th October, 2017 and 10th October, 2017 respectively.

3. The counsels for the Objectors failed to file/refile objections despite repeated opportunities being given to them. In view thereof, the right of the Objectors to file objections was closed vide order dated 14th May, 2018 passed by the Joint Registrar. Appeals filed on behalf of the Objectors challenging the closing of their right to file objections were dismissed by the Coordinate Bench as well as the Division Bench of this Court.

4. Case set up by the Petitioner in the present petition is as under:

4.1. The Petitioner was living with the Testator at the subject property bearing No. 75, Hemkunt Colony, New Delhi-110048 (subject property). The Testator treated the Petitioner as his own son as he did not have any legal heirs.

4.2. The Testator executed an unregistered Will dated 28th December, 2013 bequeathing subject property, and all the funds in the Bank Account bearing No.09324500123 with State Bank of Patiala, Mall Road Branch, Patiala along with the Locker bearing No. 265/15 in the said Bank, in favour of the Petitioner. The aforesaid Will was witnessed by two attesting witnesses namely Sh. Naresh Kohli and Sh. Sanjay Dutt.

4.3. The Testator passed away on 11th February, 2014.

4.4. The Testator was of sound state of mind at the time of execution of the aforesaid Will and the same was executed by him voluntarily and without any influence.

5. Accordingly, the present petition has been filed seeking probate of the Will dated 28th December, 2013 executed by the Testator in respect of his estate.

6. Five witnesses, namely the petitioner himself (PW-1), Sh. Naresh Kohli (PW-2), Sh. Badal Kumar (PW-3), Mr. Ram Mohan Shukla (PW-4) and Sanjay Dutt (PW-5) were examined on behalf of the Petitioner. The aforesaid witnesses were also cross-examined by the counsels for the Objectors.

7. It has been vehemently submitted on behalf of the Petitioner that since no objections have been filed on behalf of the Objectors, they had no right to cross-examine the Petitioner. This objection was duly noted by the Joint Registrar in his order dated 25th November, 2019. On behalf of the Objectors, it was submitted that even though their right to file objections had been closed, the Objectors still had the right to cross-examine the Petitioner and his witnesses. It was also noted that the Objectors had already cross-examined four witnesses of the Petitioner and had also partially cross-examined the Petitioner.

8. When the matter came up before the court on 23rd December, 2019, the submission of the counsel for the Petitioner was noted that he does not press his objection that the Objectors have no right to cross-examine the Petitioner and his witnesses. Noting the aforesaid, the