A Will is required to be proved by the examination of at least one of the two witnesses under Section 68 of the Evidence Act, 1872.

Headnote:
WILL - GRANT OF LETTERS OF ADMINISTRATION - [SECTION 68 OF THE EVIDENCE ACT, 1872] - [SECTION 276 OF THE INDIAN SUCCESSION ACT, 1925] - WILL EXECUTED BY THE TESTATRIX WAS PROVED BY THE EXAMINATION OF ONE OF THE TWO ATTESTING WITNESSES - NO OBJECTION WAS RECEIVED FROM ANY THIRD PERSON - LETTERS OF ADMINISTRATION WITH WILL ANNEXED WAS GRANTED IN FAVOUR OF THE PETITIONERS.
Fact of the Case:

The petitioners filed a petition under Section 276 of the Indian Succession Act, 1925, seeking grant of Letters of Administration with Will annexed, in respect of the movable and immovable properties left behind by their late maternal aunt - Ms. Vidya Wanti Bagga alias Ms. Ved Bagga (the “testatrix”).The petitioners claimed that the testatrix had made a Will dated 19.03.2013, which was her last Will and testament in respect of her movable and immovable properties, in the presence of two attesting witnesses.The petitioners also claimed that the testatrix died unmarried and issueless on 03.11.2017, and that they were the only legal heirs of the testatrix as per Section 8 of the Hindu Succession Act, 1956.The petitioners produced the Will dated 19.03.2013 of the testatrix, along with other relevant documents, in support of their petition.The petition remained uncontested, and no objection to the grant of Letters of Administration with Will annexed was received from any third person.
Finding of the Court:

The court found that the Will dated 19.03.2013 of the testatrix was duly executed and attested, and that the petitioners were the only legal heirs of the testatrix.The court also found that the petitioners had proved the averments made in their petition by way of evidence.
Issues: Whether the Will dated 19.03.2013 of the testatrix was duly executed and attested?Whether the petitioners were the only legal heirs of the testatrix?
Ratio Decidendi: The court held that a Will is required to be proved by the examination of at least one of the two witnesses under Section 68 of the Evidence Act, 1872.In the present case, one of the two attesting witnesses, Ms. Bharti, had deposed that the testatrix had signed the Will in her presence and that the testatrix was in a sound and disposing mind at the time of execution of the Will.The court also held that as per Section 8 of the Hindu Succession Act, 1956, the petitioners were the only legal heirs of the testatrix, since the testatrix died unmarried and issueless, and her parents and one of her siblings had predeceased her.
Final Decision: The court allowed the petition and granted Letters of Administration with the Will dated 19.03.2013 annexed in favour of the petitioners, subject to the petitioners paying the requisite court fee and furnishing an administration bond with one surety.

$~J-10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 01.12.2023 + TEST.CAS. 28/2018 MRS. ANITA SACHDEVA & ORS. ..... Petitioners Through: Mr. Madan Lal Sharma, Mr. Anil Aneja and Mr. Amit Bhardwaj, Advs.

versus THE STATE (GOVT. OF NCT DELHI) & ANR. ..... Respondents Through: Ms. Sumitra Choudhary, Adv.

(through VC)

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

1. The present petition has been filed by the petitioners under Section 276 of the Indian Succession Act, 1925, seeking grant of Letters of Administration with Will annexed, in respect of the moveable and immovable properties left behind by her late maternal aunt - Ms. Vidya Wanti Bagga alias Ms. Ved Bagga (the “testatrix”).

2. The Letters of Administration with Will annexed are sought with respect to the following movable/immovable properties, as specified in the Will dated 19.03.2013 of the testatrix:

i. Undivided half share in the built up double storey residential property admeasuring 334.453 sq. meters, bearing No. M-145, Greater Kailash Part-II, New Delhi 110048 in favour of the petitioner no.1.

ii. Residential flat No. 1006, admeasuring 89.522 sq. meters situated within the Housing Complex of United Friends Cooperative Group Signature Not Verified TEST.CAS. 28/2018 Page 1 of 9 Digitally Signed Housing Society Ltd., Plot No. 9, Sector 6, Dwarka, Phase-I, New Delhi 110075 in favour of petitioner nos. 1-3 jointly.

iii. Amount lying in FDRs/Saving Bank Account of the testatrix in Canara Bank, M Block Market, Greater Kailash-II, New Delhi in favour of petitioner no.4.

3. Further, it is submitted that the testatrix had made a declaration in her Will dated 19.03.2013 that she had deposited some amount with Mr. Sudhir Khurana’s Company namely Praveer Construction Pvt. Ltd. and had ordained petitioner no.2 and respondent no.3 to realize and distribute the same amongst petitioner nos. l and 4. The petitioners and respondent no. 3 have not been able to trace out either Mr. Sudhir Khurana or his said company and therefore the said amount has not been claimed in the present petition, however, the petitioners have sought leave of this court to add the said amount to the estate of the testatrix, if traced out by the petitioners.

4. It is submitted that the petitioner no.1 (Mrs. Anita Sachdeva) is the niece of the testatrix, and petitioner no.2 (Mr. Sushil Ahlawat) and petitioner no.3 (Mr. Neil Ahlawat) are the husband and the son of petitioner no.1 respectively. It is further submitted that petitioner no.4 (Mrs. Kiran Sachdev) is the real sister of petitioner no.1, and respondent no.3 (Mrs. Shanta Sachdeva) is the mother of petitioner nos.1 and 4, and also the biological sister of the testatrix.

5. The petitioner nos. 1, 2, 3 and 4 are stated to be permanent residents of USA and petitioner nos. 1, 2 and 4 have executed a special power of attorney in favour of Shri Satish Kumar Ahlawat who is the brother of the petitioner no.2 and is stated to have personal knowledge about the present petition filed by petitioners. Shri Satish Kumar Ahlawat has examined Signature Not Verified TEST.CAS. 28/2018 Page 2 of 9 Digitally Signed himself as special attorney of petitioner nos.1, 2 and 4 by way of affidavit (Ex.PW-2/A) and has proved the Special Power of Attorney (Ex.PW-2/5).

6. It is stated that the testatrix was an Indian National and was a resident of M-145, Greater Kailash Part-II, New Delhi-110048. It is further stated that the testatrix died unmarried and issueless on 03.11.2017.

7. It is averred in the petition that the testatrix had during her lifetime executed a Will dated 19.03.2013, which is her last Will and testament in respect of her movable and immovable properties, in the presence of the following two Attesting witnesses:

i. Ms. Bharti, D/o Radhey Shiam, R/o Flat No. 102, Tower 3, Beverly Park, Pocket 2, Sector 22, Dwarka, Delhi-110077.

ii. Ms. Bhagwant Singh.

8. Notice was issued in the present petition on 09.05.2018, with a direction that citation be published in “th

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