UNREPORTABLE * IN THE HIGH COURT OF DELHI AT NEW DELHI + Probate Case No. 22/2004 & IAs No. 8300 & 8301/2004 #Sh. Alok Mehta ..... Petitioner ! Through: Mr. H.K. Shekhar, Advocate Versus $ Surender Kumar Mehta & Ors. .....Respondents ^ Through: None. CORAM:- * HON'BLE MR. JUSTICE S.N. AGGARWAL 1. Whether reporters of Local paper may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the Digest? S.N.AGGARWAL, J (ORAL) This is probate petition filed by the petitioner against the respondents under Section 276 of the Indian Succession Act, 1925 for grant of probate of will dated 21.11.1995 of his grand father Mr. Amarnath Mehta who died at Jwalapuri, Haridwar on 06.09.1995 leaving behind his six sons as his only legal heirs who are respondents No. 1 to 6 in this petition. The deceased Probate Case No. 22/2004 Page Number 1 of 4 testator Mr. Amarnath Mehta owned an immovable property bearing plot No. 2646, Block-F, Palam Vihar, Gurgaon and he bequeathed the said plot in his will dated 21.11.1995 in favour of his grand son being the petitioner herein. The notice of this petition was sent to all the respondents. The notice of the petition was also sent to the concerned Revenue Authorities calling for the valuation report in respect of the estate of the deceased. A citation of the petition was got published in the 'Statesman' on 14.06.2005. None of the six sons of the deceased testator has filed any objection to the grant of probate of the will propounded by the petitioner in this petition. The petitioner has filed his evidence by way of affidavits. Two affidavits have been filed in evidence and they are of the petitioner himself who has sworn as AW-1 and the other affidavit is of the attesting witness of the will Mr. Parag Mehta who has sworn as AW-2. I have heard the arguments of Mr. Shekhar, learned counsel appearing on behalf of the petitioner and have also gone through the contents of the entire petition. The death Probate Case No. 22/2004 Page Number 2 of 4 certificate of the deceased testator is Ex. AW-1/3 and the will dated 21.11.1995 propounded by the petitioner is Ex. AW-1/1. Mr. Parag Mehta who is the attesting witness of the will in question has testified in his affidavit that the Will Ex. AW-1/1 was executed by the deceased testator Mr. Amarnath Mehta in his presence and also in presence of the other attesting witness of the Will Mr. S.K. Mehta. Mr. Parag Mehta has also testified in his affidavit that the deceased testator was possessed of sound disposing mind at the time he had executed his Will in question. To the same effect is the testimony of the petitioner on record. Since none of the children of the deceased testator has come forward to contest the present petition, there is no reason for this Court to doubt the testimony of the witnesses on record. In the opinion of this Court, the petitioner has proved that the Will dated 21.11.1995 of his grand father propounded by him in this petition is the last and genuine Will of the deceased testator. Accordingly, the petitioner is held entitled to grant of letter of administration with a copy of Will Ex. AW-1/1 annexed thereto which would entitle him to administer the estate left by the deceased as per law. Since the petitioner is Probate Case No. 22/2004 Page Number 3 of 4 the grand son and the sole beneficiary of the Will of the deceased, he is exempted from filing the surety bonds. In view of the above and having regard to the facts and circumstances of the case, it is directed that a letter of administration with a copy of Will Ex. AW-1/1 annexed thereto be issued in favour of the petitioner on his furnishing requisite court fee and an administration bond for due administration of the estate of the deceased as per his wishes contained in the Will Ex. AW-1/1. The original will of the deceased be kept in the safe custody. This petition stands disposed of. January 15, 2008 S.N.AGGARWAL a [JUDGE] Probate Case No. 22/2004 Page Number 4 of 4