In the High Court of Punjab and Haryana at Chandigarh ...... Probate No.6 of 2004 ..... Date of decision:15.5.2008 Smt. Sushila Bahl .....Petitioner v. General Public and others .....Respondents .... Present: Mr. Vivek Suri, Advocate for the petitioner. Mr. Munish Bahl, Advocate for respondents No.2 and 3. ..... S.S. Saron, J. (Oral) This petition under Section 276 of the Indian Succession Act, 1925 (`Act' – for short) has been filed for seeking grant of probate in respect of Will dated 19.1.2001 executed by Shri Raj Kumar Bahl (deceased) in pursuance of which the properties as detailed in para 3 of the petition have been bequeathed in favour of his wife Smt. Sushila Bahl (petitioner). Shri Raj Kumar Bahl, the testator had properties and estates as detailed in para 3 of the petition. In terms of his Will dated 19.1.2001, he bequeathed his properties in favour of his wife Smt. Sushila Bahl (petitioner). Shri Raj Kumar Bahl died on 29.8.2004. His death certificate has been enclosed as Annexure-P.1. Original death certificate is on record at page 45. The same has been issued by the office of Local Registrar Births and Death, Municipal Council, S.A.S. Nagar. The same, therefore, is per se admissible in evidence. A perusal of the said certificate shows that Raj Kumar Bahl son of Gian Chand died on 29.8.2004. In terms of the Will Probate No.6 of 2004 [2] executed by Raj Kumar Bahl (deceased) it has been stated that he was married to the petitioner Smt. Sushila Bahl. They had two children, namely, a son Rajiv Kumar Bahl (respondent No.3) and a daughter Dr. Romila Bahl (respondent No.2). In terms of the Will the properties as detailed in para 3 have been bequeathed to the petitioner. In order to prove the Will the petitioner has examined Shri Jatinder Kumar Sharma, who is a marginal witness No.2 of the Will. He earlier tendered in evidence affidavit dated 19.10.2007. However, on the last date of hearing i.e. 23.4.2008, learned counsel for the petitioner stated that he may be granted permission to recall Shri Jatinder Kumar Sharma. Shri Jatinder Kumar Sharma has appeared in Court. He has tendered in evidence his affidavit dated 12.5.2008 (Ex.A.3). Besides, his statement has been recorded in Court today and he has proved the Will (Ex.A.2). Learned counsel appearing for respondents No.2 and 3 i.e. daughter and son respectively of the petitioner did not cross-examine the said witness. Rather, the learned counsel stated that he has no objection to the issuance of probate of the Will dated 19.1.2001 in favour of the petitioner as respondents No.2 and 3 are not contesting the Will. Necessary publication of the notice has been done in `The Tribune' as well as in the `Punjabi Tribune' dated 28.10.2004. In view of the above facts and circumstances and keeping in view that there is no opposition to the grant of probate of the Will dated 19.1.2001 (Ex.A.2). Besides, the daughter and son of the petitioner have submitted their affidavits dated 7.1.2008 in which they have stated that the Will may be accepted and the probate be granted, the probate of the Will dated 9.1.2001 (Ex.A.2) is liable to be granted. Probate No.6 of 2004 [3] In view of the above, probate petition is allowed. The Registry to issue probate of the Will in accordance with law and after payment of necessary Court fee. May 15, 2008. (S.S. Saron) Judge *hsp* NOTE: Whether to be referred to the Reporter or not:Yes/No