NEENA BANSAL KRISHNA, J.
1. The petitioner, Mr. Jagmohan Singh, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 1 st September, 2014 executed by his aunt, Late Ms. Kulbir Kaur, in which he is named as the executor.
2. The petitioner has stated that the deceased Ms. Kulbir Kaur was an unmarried lady who was living with the petitioner till the time of her death. She was the sole and absolute owner of immovable property bearing No. U1901, Amrapalli Sapphire, Sector-45, Noida-201301 (hereinafter referred to as “Amrapalli suit property”) and Space Area measuring 2500 Sq. Feet (Super Area), World Trade Centre, Plot No. TZ-13-A, Sector Technical Zone, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar (hereinafter referred to as “Space Area suit property”) being self acquired properties. Aside from this, she had following movable assets
"i. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with Punjab National Bank bearing no. 012800100029841
ii. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with post office bearing no. 3206405
iii. Savings account jointly in the name of Late Ms. Kulbir Kaur and Mr. Jagmohan Singh with post office bearing no. 68345
iv. MIS account with the Post Office bearing no. 213451
v. MIS account with the Post Office bearing no. 214267
vi. Fixed Deposits with Punjab National Bank."
3. Ms. Kulbir Kaur died on 07.01.2016 and is survived by her legal heirs respondents 2-41, being her nephews and nieces, as she was unmarried and had no children of her own. During her life time, Ms. Kulbir Kaur executed her last Will dated 1 st September 2014, whereby she bequeathed the Amrapalli suit property in favour of Ms. Jasnit Kaur Bhasin who is respondent No.2. She further directed that the Space Area suit property be sold and the sale proceeds received out of such sales, shall be distributed and disbursed between her following relatives in the following manner
"i. Rs. 40 Lakhs shall be disbursed to respondent No. 29, Mrs. Raminder Kaur Bedi w/oLate Mr. Devinder Sigh Bedi,
ii. Rs. 40 Lakhs shall be disbursed to Mrs. Sudarsh Oberoi wife of her nephew Mr. N.S. Oberoi
iii. Rs. 10 Lakhs shall be disbursed to respondent No. 3, Mrs. Harbans Kaur Kohli w/o Late Mr. Avtarjit Singh Kohl
iv. Rs. 5 Lakhs shall be disbursed to Mr. Bhupinder Singh husband of her niece Mrs. Inder Mohini Kaur.
v. Rs. 2.5 Lakhs shall be disbursed to her niece Mrs. Teji Phool.
vi. Rs. 2.5 Lakhs shall be disbursed to her niece Mrs. Umita Singh.
vii. Rs. 20 Lakhs shall be disbursed to Mrs. Jasmeet Kaur wife of her nephew Mr. Jagmohan Singh."
4. A provision for her moveable assets was also made in her Will dated 1 st September 2014. She stated that the entire sums in all the bank accounts, post office, MIS and FDs shall be disbursed to Shri Jagmohan Singh, the petitioner herein. A prayer is, therefore, made that a Probate in respect of the last Will dated 1st September 2014 of Late Ms. Kulbir Kaur, may be granted for all the movable and immovable assets in terms of the last Will.
5. Citations were published in daily newspaper „the Statesman' (English), New Delhi edition, and 'Rashtriya Sahara' (Hindi), New Delhi on 12.02.2022.
6. Despite service, none of the Respondent Nos. 2 to 41 appeared and their right to file objections was closed vide order of this Court dated 23.08.2023.
7. The Valuation Report was submitted by SDM Dadri, Gautam Budh Nagar, Noida in respect of the suit properties, that the property namely, Space Area measuring 2500 Sq. Feet (Super Area), World Trade Centre, Plot No. TZ-13-A, Sector Technical Zone, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar is valued at Rs 75000/- per Sq. feet. Further, the the property bearing No. U-1901, Amrapalli Sapphire, Sector-45, Noida-201301 is valued at Rs 71,74,800/-.
8. The petitioner to prove the Will examined himself as PW1 and proved the execution of original Will of Ms. Kulbir Kaur which is Ex.PW1/2. He also proved her original Death Certificate as Ex.PW1/3, the Flat Buyer Agreement dated 27.04 2013 for the Amrapalli property as Ex.PW1/4, Agreement dated 22.07.2013 for the Space Area property as Ex.PW1/5, the brief description of the moveable assets of Ms. Kulbir Kaur as Ex. PW1/6-PW1/11 and judgement dated 18.11.2019 in earlier probate petition bearing no. 128/2016 as Ex. PW1/12.
9. Mr. Jasjeet Dureja, one of the attesting witness to the Will dated 01.09.2014 of Ms. Kulbir Kaur i.e. Ex. PW1/2, appeared as PW2. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/2 and also identified signatures of Late Ms. Kulbir Kaur at point A. He also identified his signature at point B and of the other witness, Mr. B.S. Mathur at point C. He deposed that the Will was signed by the deceased, him and the other attesting witness in the presence of each other and that the testator was of sound and deposing mind at the time of signing.
10. Mr. B.S. Mathur, the other attesting witness to the Will dated 01.09.2014 of Ms. Kulbir Kaur i.e. Ex. PW1/2, appeared as PW3. He deposed that he was one of the witnesses to the Will i.e. Ex.PW1/2 and also identified signatures of Late Ms. Kulbir Kaur at point A. He also identified his signature at point C and of the other witness, Mr. Jasjeet Dureja at point B. He deposed that the Will was signed by the deceased, him and the other attesting witness in the presence of each other and that the testator was of sound and deposing mind at the time of signing.
11. Submissions heard.
12. The mode for execution of Will is provided under Section 63(c) of the Indian Succession Act, 1925 which reads as under :
“63. Execution of unpriviledged wills – Every testator, not being a soldier employed in an expedition or engaged in actual warfare, I[or an airman so employed or engaged] or a mariner at sea, shall execute his will according to the following rules:-
(a)– (b)***
(b)The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.”
13. The conditions for execution of a Will, as per the mandate of Clause (c) of Section 63, is that it must be attested by two or more witnesses, each of whom should have seen the testator sign or put his mark on the Will. The Will must be signed by the witnesses in the presence of the testator, but it is not necessary that more than one witness should be present at the same time.
14. The uncontested testimony of the petitioner has proved the Will exhibited as Ex.PW1/2 as the last and final Will of deceased Ms. Kulbir Kaur. The petitioner is named as the Executor in the Will.
15. Section 68 of Indian Evidence Act further provides the mode of proof of the Will and requires that at least one attesting witness to the Will must be examined. Accordingly, PW2 Mr. Jasjeet Dureja and PW3 Mr. B.S. Mathur, the attesting witnesses have been examined, who have both deposed that the Will was signed by the testator Late Ms. Ms. Kulbir Kaur in front of them. Further, they had also signed the Will in the presence of each other.
16. The testimony of the petitioner as well as PW2 Mr. Jasjeet Dureja and PW3 Mr. B.S. Mathur, the attesting witnesses has not been subjected to any cross-examination. The petition is not contested by any of the respondents who are the heirs of the deceased and beneficiaries under the Will. They have not put appearance despite service of notice and their right to file reply/objection was closed by the order of this court dated 23.08.2023. Also, no objection has been received from any third person, pursuant to the citation.
17. The unchallenged and unrebutted testimony of the petitioner as PW-1 who is supported by the testimony of the two attesting witnesses namely PW2 Mr. Jasjeet Dureja and PW3 Mr. B.S. Mathur, proves the genuineness and the authenticity of the Will dated 01.09.2014 of Late Ms. Kulbir Kaur which is hereby, held to be proved.
18. Probate in respect of the Will dated 01.09.2014 is hereby granted to the Petitioner, the named Executor, subject to payment of requisite court fees.
19. Petitioner shall furnish Administrative Bond with one Surety to the satisfaction of the learned Joint Registrar General of this court.
20. The valuation of both properties filed by the SDM concerned is on record.
21. On payment of the requisite court fee and other formalities noted above, the Probate in respect of the Will dated 01.09.2014 shall be issued by the Registry.
22. The petition stands allowed and accordingly disposed of in the above terms.
23. List before the Joint Registrar on 04.01.2024 for depositing of the bond.
