JUDGEMENT

NEENA BANSAL KRISHNA, J.

1) The petitioner, Mr. Om Prakash Arora, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in Test Cas. 63/2019 Page 2 of 6 respect of Will dated 28th December, 2015 executed by his brother Shri Vinod Kumar, of which he is the executor.

2) The petitioner has stated that the deceased Shri Vinod Kumar was a resident of B-3-B/56-B, Janakpuri, New Delhi 110056. He was the sole and absolute owner of two self-acquired immovable properties namely, i) a flat bearing No. 56-8, Block B-3-B, Janakpuri, New Delhi 110058 (hereinafter referred to as the “Delhi suit property”) and ii) Flat no I-A/24 situated at Air India Housing Complex, Plot no 24, Sector No 27, Seawood, Nerul, Navi Mumbai, 400706, Maharashtra (hereinafter referred to as the “Mumbai suit property”).

3) Shri Vinod Kumar died on 19.05.2016 and is survived by his legal heirs respondent no. 2, Medha Chugh and respondent No. 3 Tanvi Chugh, being his two daughters. During his life time, Shri Vinod Kumar executed his last Will dated 28th December, 2015, whereby he bequeathed the immovable properties owned by him in the following manner- “4. I hereby give, devise and bequeath the Flat no 56-B, Block B-3-B , Janakpuri, New Delhi 110058 owned by me to my elder daughter Medha Chugh having Aadhar card no 4100 2813 7108, absolutely and forever to the exclusion of my other heirs.

5. I hereby give, devise and bequeath the Flat no l-A/24 situated at Air India Housing Complex, Plot no 24, Sector No 27, Seawood, Nerul, Navi Mumbai, owned by me vide sale deed registered vide document no. 9791/2015 dated 11- 12-2015 by Jt Sub Registrar Thane 8, to my sister in law (Bhabhi) Smt Saroj Arora (having Aadhaar card no 6927 3386 5940) wife of my brother Om Prakash Arora absolutely and forever to the exclusion of my Other heirs.”

Test Cas. 63/2019 Page 3 of 6

4) He stated his brother Om Prakash Arora shall be the sole executor of his Will.”

„2. I hereby appoint my brother Om Prakash Arora, having Aadhar card no. 4622 6178 0053 as sole executor of this my will and he will be entitled to apply and obtain probate from the court of competent jurisdiction without being required to furnish any security.”

5) A prayer is, therefore, made that a Probate in respect of the last Will dated 28th December, 2015 of Late Shri Vinod Kumar may be granted and all the movable and immovable assets may be transferred in terms of the last Will.

6) Citations were published in daily newspaper 'The Statesman' Delhi, English Edition, 'Nav Bharat Times' Delhi, Hindi Edition, 'Mumbai 7' English Edition and Nav Bharat Times' Mumbai, Hindi Edition on 2.12.2022.

7) The legal heirs of the deceased Shri Vinod Kumar, Respondent Nos. 2 and 3 filed their Affidavit containing their No-Objection.

8) The Valuation Report in respect of Flat No. 56-8, Block B-3-B, Janakpuri, New Delhi 110058 was submitted by Tehsilsar, Dwarka valuing the said property at Rs 46,68,000/-.

9) The Valuation Report in respect of Flat no I-A/24 situated at Air India Housing Complex, Plot no 24, Sector No 27, Seawood, Nerul, Navi Mumbai, 400706, Maharashtra was submitted by Sub-Divisional Officer, Thane valuing the said property at Rs 1,15,59,500/-.

10) The petitioner to prove the Will, examined himself as PW1 and tendered his affidavit as Ex. PW1/X to prove the execution of original Will of Late Shri Vinod Kumar which is Ex.PW1/1. He also proved the original Test Cas. 63/2019 Page 4 of 6 Death Certificate of his brother as Ex.PW1/2.

11) PW2 Mr. Ramesh Kumar, one of the attesting witness to the Will dated 28.12.2015 of Shri Vinod Kumar i.e. Ex. PW1/1, tendered his evidence by