J. K. Mehra,j. ( 1 ) THIS is a petition for the grant of probate of the Will dated 15/01/1985 of Shri Mahinder Kumar Jain in favour of the petitioner inrespect of the properties of said Shri Mahinder Kumar Jain since deceased who,according to the death certificate placed on Court record, had died at his permanent address, C-41 Green Park, New Delhi on 20. 11. 1985. ( 2 ) NOTICES of this petition were duly served on all near relations. There isno opposition to the grant. The notice of the petition was also advertised in thestatesman". There has been no opposition from any of the respondents. ( 3 ) A notice was also served on the Chief Revenue Controlling Authority. Deputy Commissioner, Delhi vide letter No. F. II (7)/stamps/1991-92/7688dated 12. 3. 1993 through Collector of Stamps has submitted valuation reportin respect of the properties of the deceased as mentioned in Annexure C to thepetition. ( 4 ) RESPONDENT No. 2 was appointed the Executor under the Will, but he didnot actas Executor. Therefore, the present petition has been filed by the petitionerfor grant of probate/letters of administration. The petitioner has filed heraffidavit by way of evidence. She has proved the death certificate of the deceased,which is Exhibit P-2. She has stated that the deceased died within the territorialjurisdiction of this Court and the deceased at the time of his death had a fixed placeof abode at C-41 Green Park, New Delhi. She has further produced an affidavit ofshri Prem Chand Jain, who had attested the Will in question and signed it as oneof the attesting witnesses. The said Prem Chand Jain has further deposed that thewill was also attested by another witness, Shri Kailash Chand Jain, who had alsosigned in his and the testator s presence and he and the testator had also signedin the presence of each other and the said Shri Kailash Chand Jain. Accordingly, the Will, Exhibit P-1 stands proved. The assets and liabilities of the deceased arementioned in Annexure-C to the petition. As stated above, one of the sons of thedeceased, Shri Subhash Chand Jain was appointed as the Executor under the saidwill, but he failed to act as such. Notice of the petition was also served upon saidshri Subhash Chand Jain. Despite service, he has not opposed the petition. ( 5 ) THE citation pursuant to order dated 28/08/1991 was published in"statesman" on 4. 10. Notice of the petition was also served upon saidshri Subhash Chand Jain. Despite service, he has not opposed the petition. ( 5 ) THE citation pursuant to order dated 28/08/1991 was published in"statesman" on 4. 10. 1991. ( 6 ) THERE being no opposition to the grant of probate of the Will dated15. 1. 1985 with a copy annexed, I see no impediment in the way of grant of probatein favour of the petitioner. I, accordingly, allow this petition and grant the probatein favour of the petitioner in respect of the Will dated 15. 1. 1985 of Shri Mahinderkumarjain, since deceased. A copy of the Will shall be annexed to the probate. The petitioner shall file the requisite stamps for engrossing the probate thereon. The petitioner shall also comply with the rules and file statements of assets of thedeceased realised and a statement of distribution thereof within six months andone year respectively of the grant of probate.