ARUN RATHI Vs. N C T OF DELHI

JUDGEMENT

(1.) This is a petition for grant of probate in respect of the Will dated 28.2.1983 executed by Late Smt. Chautha Devi, as modified by the Codicil dated 14.3.1993. Smt. Chautha Devi expired on 7.4.1993 leaving nine legal heirs mentioned in para 5 of the petition.

(2.) The citation was published in newspapers in terms of the order dated 6.1.1999 and notice was also served on the Chief Revenue Controlling Authority. The notice was also issued to the non-applicant legal heirs of Late Smt. Chautha Devi. All non-applicants legal heirs other than non-applicants legal heirs No. 2 & 3 Shri Ram Chander Rathi and Punam Chand Rathi, have filed NOC to the grant of probate. Objections to grant of probate have not been filed by non-applicant legal heirs No. 2 & 3 namely Ram Chander Rathi and Punam Chand Rathi despite service of notice.

(3.) The Petitioners have filed four affidavits by way of evidence. In his affidavit by way of evidence, Petitioner No. 2 Anil Rathi, who is also an attesting witness to the Will executed by Late Smt. Chautha Devi, has stated that in her life time Late Smt. Chautha Devi had executed one Will dated 28.2.1983. He further stated that the Will dated 28.2.1983 which is exhibited as PW-1/B was drafted and prepared by his elder brother Shri Prem Rattan Rathi who was also the eldest son of Late Smt. Chautha Devi. On the instructions of testatrix, according to him, the translation of the Will was read over to the testatrix. She put her signatures and thumb impressions on it after understanding its contents and being satisfied that the Will had been prepared and drafted as per her instructions. He has identified the signatures and thumb impressions of Late Smt. Chautha Devi at marks 'X1' to 'X6' on the Will Ex.-PW-1/B and has stated that the signatures and thumb impressions were put on the Will in his presence as also in the presence of Prem Rattan Rathi, Ram Chander Rathi, Punam Chand Rathi, Kamlesh Kumar Rathi, Arun Kumar Rathi, Tara Maheshwari, Kusum Daga, M.L. Aggarwal and Uma Ram. He has also identified the signatures of Prem Rattan Rathi at mark 'B-1'. He also stated that all the attesting witnesses named by him had signed in the presence of each other. He has identified signatures of Prem Rattan Rathi at mark 'B2', signatures of Ram Chander Rathi at mark 'C', signatures of Punam Chand Rathi at mark 'D', signatures of Kamlesh Kumar Rathi at mark 'E', signatures of Arun Rathi at mark 'F' and his own signatures at mark 'G', on the Will Ex.PW-1/B. He further identified signatures of Tara Maheshwari at mark 'H', signatures of Mrs. Kusum Daga at mark 'I', signatures of M.L. Aggarwal at mark 'K' on the Will Ex.PW-1/B. He further stated that at the time of executing the Will, Late Smt. Chautha Devi was in good health and perfect state of mind and she had executed the Will without any pressure or coercion from any person. According to him, Dr. K.K. Rustogi was also present, had examined Late Smt. Chautha Devi at the time of execution of the Will and also signed the Will at mark 'L', stating therein that Late Smt. Chautha Devi was in good health and sound disposing state of mind. The Will was later registered by the testatrix on 12.12.1984 with the office of Sub-Registrar, Delhi as document No. 5488, in additional book No. 3 at pages 95 to 100.