JUDGMENT A.K. PATHAK, J 1. Petitioner has filed this petition under Section 276 of the Indian Succession Act, 1956 for grant of probate of Will dated 20th November, 2006 of Late Col. Sohan Singh (hereinafter referred to as the “Testator”). Petitioner is the named Executor in the Will. 2. As per the petitioner, Testator died on 2nd January, 2008. Testator has left behind his widow Smt. Neelam Kaur, Mr. Amardeep Singh (son), Mrs. Jitender Wirk (wife of predeceased son), Mr. Kuldeep Singh Wirk (son) and Mrs. Komal Sutton (daughter). At the time of his death Testator had a fixed place of residence at 1, Harcharan Bagh, Andheria Mor, Kaziwala Bagh, Mahipalpur Road, Mehrauli, New Delhi, within the territorial jurisdiction of this Court. Before his death Testator had executed a Will dated 20th November, 2006 duly registered as document no. 8380 in Book no. 3, Volume 1.537 at pages 166-167 with the Sub-Registrar of Assurances-V, New Delhi. This was the last Will & the testament of the Testator. The aforesaid Will was executed by the Testator in presence of Mrs. Taranjit Kaur Wirk, Mrs. Biban Atal and Mr. R.S. Mann, Advocate. Vide this Will Testator has bequeathed his entire estate in the manner as detailed in the Will. The properties left behind by the Testator have been mentioned in the Annexure court of which two are within the territorial jurisdiction of this Court. Testator has not left behind any other legal heir except the persons whose names have been mentioned in the Annexure, D. 3. Citation has been published in the newspaper “The Statesman” dated 9th January, 2009. However, no public person has filed any objection against the grant of probate. Legal heirs of the Testator have also been duly served. Mr. Kuldeep Singh Wirk & Mrs. Komal Sutton had appeared in Court through their lawyer on 27th July, 2009. However, they did not file any objection against grant of the probate of the Will inasmuch stopped appearing in the Court. Other relatives of the Testator have also not opposed the grant of probate by filing objections to the petition. 4. Respondent no. 1, State, has also been served. Valuation report has been received from the office of Sub Divisional Magistrate, Connaught Place, New Delhi in respect of Barakhamba Road property. However, no valuation report has been received in respect of the Mehrauli property as also the property situated in Punjab.
4. Respondent no. 1, State, has also been served. Valuation report has been received from the office of Sub Divisional Magistrate, Connaught Place, New Delhi in respect of Barakhamba Road property. However, no valuation report has been received in respect of the Mehrauli property as also the property situated in Punjab. 5. Petitioner has led evidence in support of this petition. Petitioner has filed his own affidavit in his evidence and has reiterated the averments made in the petition which have been narrated in brief in para 2 hereinabove. Death certificate of Testator has been proved as Ex. PW1/1. 6. PW2 Smt. Biban Atal and PW3 Smt. Taranjit Kaur Wirk have also filed their respective affidavits in evidence. PW2 Smt. Biban Atal has categorically deposed that she went to the office of Sub Registrar Assurances-V, New Delhi where Late Col. Sohan Singh (Retd.) was present and he informed her that he had made his Will. He had signed and executed the Will in her presence and in presence of other witness, namely, Smt. Taranjit Kaur Wirk. She and the other witnesses have appended their signatures on the Will as attesting witnesses in the presence of Testator. All of them signed in presence of each other. The Will was registered with the Sub Registrar Assurances-V, New Delhi as document no. 8380 in Book no. 3, Volume 1.537 at pages 166-167 on 20th November, 2006. She has identified her signatures, signatures of the Testator as well as the signatures of other witness Smt. Taranjit Kaur wirk on the Will at point X, Y and Z respectively. She has proved the Will as Ex. PW2/1. PW 3 Smt. Taranjit Kaur Wirk has also deposed in line with PW2 Smt. Biban Atal. 7. From the statements of the aforesaid witnesses coupled with the documents placed and proved on record, I am satisfied that the petitioner has succeeded in proving that Testator had executed the Will (Ex. PW2/1). I do not find any impediment in grant of probate of the Will to the petitioner. 8. For the foregoing reasons, I grant probate of the Will dated 20th November, 2006 of Late Col. Sohan Singh (Retd.) to the petitioner, subject to the valuation of properties situated at Mehrauli, and Punjab and on petitioner paying requisite court fees and furnishing an administrative bond with one surety, to the satisfaction of Registrar General of this Court. 9.
8. For the foregoing reasons, I grant probate of the Will dated 20th November, 2006 of Late Col. Sohan Singh (Retd.) to the petitioner, subject to the valuation of properties situated at Mehrauli, and Punjab and on petitioner paying requisite court fees and furnishing an administrative bond with one surety, to the satisfaction of Registrar General of this Court. 9. Petition is disposed of in the above terms.