The execution of a Will must be proved in accordance with the provisions of the law and keeping in view the judgments delivered by the Apex Court and the various High Court in the country.

R.P.SETHI. J.

1. Rival claims have been preferred in this case with respect to the estate of Shri Amar Nath Jain who died on 25-8-1983 leaving behind the properties mainly at Ambala and Bombay. The facts giving rise to the filing of the present appeal are that the appellants filed a petition under Sec. 278 of the Indian Succession Act, 1925 (hereinafter to be referred to as the Act) for the grant Letters of Administration with respect to Will allegedly executed by Shri Amar Nath Jain deceased, on 19-8-1983. It was contended that the deceased had left two wives, three sons and five daughters and that Smt. Bhagya Wati Jain was his second wife. The Will was sought to be lying with Shri B.N. Sehgal, Advocate, Ludhiana. It was claimed to be the last Will and testament of the deceased executed in the presence of the Witnesses. The first wife of the deceased Smt. Maya Wati Jain, her daughters and mother of Shri Amar Nath Jain contested the petition denying the execution of the Will which was Stated to be a fabricated document. It was alternatively pleaded that Shri. Amar Nath Jain was not in disposing mind at the time of the alleged execution of the Will as he was stated to be under the influence of strong narcotic and sedative drugs. After the death of Shri Amar Nath Jain, Smt. Bhagyawati Jain, his alleged second wife, is stated to have entered into an agreement on her on behalf and in behalf of her three sons acknowledging therein that the Will allegedly executed by the deceased was invalid and be cancelled. It was further agreed that the parties will divide the property left by the deceased among themselves by mutual agreement. The execution of the said agreement was vehementally denied by the appellants herein.

2. On the pleadings of the parties, the following issues were framed: 1. Whether Amar Nath Jain executed the will dated 19-8-1983? OPD. 2. Whether the two agreements dated 30-9-l983 were entered into by petitioner No. 1 with respondents 2 to 8? If so, what is its effect? OPR. 3. Relief."

3. In order to prove their case, the appellants produced Shri B.N. Sehgal, Advocate, Shri Baljit Singh, Advocate, Smt. Avtar Kaur, Advocate, Notary Public, Smt. Bhagyawati Jain, Shri Jagan Nath Jain, Shri Amarjit Singh Bhan, Shri K.N. Prasad, Shri Swaran Singh and Shri Bahadur Singh as PWs. and relied upon various documents proved and executed at the trial of the case.

4. In rebuttal, the respondents produced Dr. Naresh Kaushal, Shri Kashmira Singh, Shri Gurdev Singh Gill, Shri Siri Pal Mittal, Shri Hukam Chand, Shri Mohan Lal, Shri O.K. Singla and Ms. Anita Rani as RWS. and relied upon number of documents produced and proved at the trial.

5. The learned single Judge after appreciating the evidence led in the case and assigning various reasons, detailed in the judgment, held that the Will had not been proved to have been executed in accordance with the law and dismissed the petition, hence this appeal.

6. Under the Act will has been defined to mean a legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death. Under the General Clauses Act Will includes a codicil making a voluntary posthumous disposition of property intending to take effect after the death of the testator. According to Halsburys Laws of England, a Will or testament is a declaration in a prescribed manner of the intention of the person making it with respect to the matters which he wishes to take effect upon or after his death, a Will made for disposal of property of the testator after his death and of appointing an executor, for appointing a testamentary guardian, for exercising a power of appointment and for revoking or altering a previous Will. The essential characteristics of Will are: (a) There must be a legal declaration, (b) Such declaration must be with respect to the property of the testator; and (c) the declaration must be intended to operate after the death of the testator. In