ORDER
J.D. Kapoor, J.
1. This is a petition filed under Section 276 of the Indian Succession Act, 1925 for the grant of probate of the last Will dated 24th September, 1989 executed by Late Shri Ganda Ram Mahandru wherein the petitioner was appointed as Executor of the Will.
2. It is averred that the Will in question was executed by the deceased Shri Ganda Ram Mahandru which was duly registered with the Sub-Registrar, New Deli on 9.1.1990 and that at the time of execution of the Will, Testator was enjoying good health and was in sound, disposing mind and executed out of his own free-will, without any undue influence, coercion or pressure from any body. The WIll was witnessed by two independent witnesses.
3.It is further averred that the ordinary place of residence of the deceased was at New Delhi where he was originally residing and at the time of death, he was residing at the premises No. E-262, East of Kailash, New Delhi. Deceased was the owner of a plot of land which was valued at around Rs.5,50,000/-. In the WIll, petitioner namely Shri Janak Kumar Mehta has been described as sole executor of the Will. Deceased died within the jurisdiction of this Court and the estate left by the deceased also lies within the jurisdiction of this Court.
4. After filing of the petition, citations were published in “The Statesman” as well as by way of affixation at the given address and notices were issued to the State through counsel for the State. Notices were also issued to the legal representatives of the deceased namely Mrs. Rajani Banga, Mrs. Shashi Kashyap, Mrs. Manjula Kumar, Mrs. Anju Uppal and Mrs. Shobha Sood. No objections were filed by any of the aforementioned persons to whom the notices were sent.
5. Petitioner field affidavit by way of evidence and death certificate of the deceased which is marked as exhibit PW-1/2 whereas one of the attesting witnesses namely Shri Sanjeev Kumar has also filed affidavit witnessing the execution of the Will exhibit PW-2/1. In his affidavit, Shri Sanjiv Kumar stated that the deceased had executed the Will in his presence which was duly registered with the Sub-register, New Delhi and at that time he and Shri Sat Prakash accompanied the testator to the office of the Sub-registrar. He further stated that the testator was enjoying good health and was in sound disposing mind and executed out of his own freewill, without any undue influence, coercion or pressure from any body.
6. In view of the affidavit of the petitioner as well as attesting witness and respondents having preferred no objection despite service of notices, I am satisfied that the Will executed by the deceased, was executed by the testator while he was in good health and in sound disposing mind.
7. In view of the above facts, the petitioner is the sole executor of the WIll and is performing his testamentary and statutory obligations by virtue of being appointed as executor of the Will.
8. Accordingly probate is granted in favor of the two daughters namely Ms. Rajani Banga wife of Mr. Krishna Kumar Banga and Ms. Anju Uppal wife of Mr. Kul Bhushan Uppal. The petitioner will file the requisite accounts and administer the estate in the manner in which the estate of the deceased is to be administered.
9. Plea of the counsel for the plaintiff for dispensing with the administration bond is allowed being a family matter and in view of the decision of this Court in case titled as Subhash Chopra & Anr. vs. State .
10. The petition is disposed of accordingly. IA also stands disposed of.