Rekha Palli JUDGMENT
Rekha Palli, J.
1. The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking grant of probate of the Will dated 27.09.2012 executed by late Ms. Kanval Dhillon.
2. On 05.06.2015, the three Petitioners, Mr. Bhupinder Singh, Mr. Jaywant Singh and Mrs. Renu Dhindsa filed the present petition stating that Ms Kanval Dhillon (hereinafter referred to as 'the testatrix'), who was unmarried, issueless and permanently residing in Delhi, had passed away on 03.05.2015. It was averred that they were executors of a Will dated 27.09.2012 executed by the testatrix and attested by her friends, Ms. Seema Bansal and Ms. Geetanjali J. Singh. They arrayed two private respondents in this petition, Mrs. Kiran Patki (Respondent No. 2) and Ms. Komal Dhillon (Respondent No. 3), sisters of the testatrix.
3. It is the petitioners' case that after the testatrix passed away on 03.05.2015, they informed Respondents Nos. 2 and 3 about the existence of her Will. The petitioners told them that the testatrix had informed them of her Will dated 27.09.2012 (hereinafter referred to as 'the subject Will') being kept in a locker in her room in her residence at W-146, Greater Kailash-I, New Delhi. With the permission of these respondents and in their presence, the locker containing the Will was opened and the subject Will was recovered. This Will was found to have some overwriting and cuttings in it. It was read out and explained to Respondent Nos. 2 and 3. They asked for photocopies of the subject Will, which were made by the driver of Respondent No. 3 at a nearby market. Copies of the Will were then given to the contesting respondents. Since the subject Will stated to be executed by the testatrix contains overwriting, photographs of the same are being reproduced hereinbelow:-
4. Notice was issued in the petition on 22.06.2015. Citation was published in the newspapers 'Statesman', Delhi edition and 'The Hindu' Bangalore edition. In response thereto, except Respondent Nos. 2 and 3, no other party has come forward to file any objections to the subject Will. In accordance with the rules, a valuation report has also been filed by the Revenue Authorities.
5. The following issues were framed in this case on 24.05.2016:
i. Whether the Will dated 27.09.2012 as propounded by the petitioners is an authentic, legal and validly executed last and final Will of the deceased Ms. Kanval Dhillon? OPP
ii. Whether the factual mistakes, cutting and overwriting and other suspicious circumstances as detailed in para 'G' of the objections can be termed as minor and be ignored? OPD
iii. Relief
6. In support of their case, the petitioners examined seven witnesses including themselves. Petitioner No. 1 was examined as PW3, Petitioner No. 2 as PW1 and Petitioner No. 3 as PW2. They also examined Ms. Seema Bansal, an attesting witness to the subject Will as PW4, Mr. Gurmeet Singh an employee of the testatrix (PW5), Mr. Prabhas Kumar, Standard Chartered Bank Relationship Manager of the testatrix (PW6) and Mr. Rohit Yadav, HDFC Bank Relationship Manager of the testatrix (PW7).
7. Opposing the petition, the respondents examined six witnesses, with Respondent No. 2 examined as RW1, Mr. Amolinder Singh Bal, real estate agent of the testatrix (RW2), Lt. Col. (Retd.) Ravi Indra Singh Verdi, a family friend (RW3), Lt. Gen. Sarabjit Singh Grewal, a family friend (RW4), Mr. Arun Pathak, service provider (RW5), and Mrs. Pavitra Rawat, domestic help of the testatrix (RW6).
8. The learned counsel Mr. Ashok Chhabra made submissions on behalf of the petitioners, and the gist thereof is as under:
i. The testatr........