J.D.KAPOOR - (1.)These are two probate petitions. One probate petition has been filed On the basis of Will dated 11-12-1968 executed by petitioners' mother Smt. Lakhmi Devi, who admittedly was the absolute owner of the property bequeathed by her. Another probate has been filed on the basis of Will executed by their father on 28-11-1978 on the assumption that after the death of Smt. Lakhmi Devi, he had become the absolute owner by virtue of Para 5 of the Will.
(2.)Admittedly, Gulshan Kumar, petitioner In probate No. 58/79 did not challenge the execution of the Will by Smt. Lakhmi Devi, Rather he accepted the same having been validly and legally executed by Smt. Lakhmi Devi. The relevant paras of the Will executed by Smt. Lakhmi Devi are as under :
"4. That I am the exclusive owner of these properties and by virtue of the Will, I divide the said properties amongst my sons. As long as I am alive no one has any right in the said properties.

5. That after my death, my husband Sri Boota Mal will be owner of the properties cited above and my sons and daughters will have no right In the said properties.

6. That after my death as well as the death of my husband the properties noted above will go amongst my sons as under :

Plot Nos. 37 and 38, Vishasnagar, Shahdara Delhi will go half and half in the names of my sons Shri Gulshan Kumar and Shri Peshori Lal.

House No. 34-E/3, situated at East Patel Nagar, New Delhi will go to my sons in the following manner. Lower Portion.....................Gulshan Kumar. upper portion ......................Peshori Lal and the third floor combined in the names of Gulshan Kumar and Peshori Lal.

I hereby declare that the above cited persons will become full fleged owners of the aforesaid property after my death as well as death of my husband. My other heirs grand son, sons Shri Jagdish Lal and Harikishan Lal and daughters have no concerned at all with the said properties."

(3.)It is pertinent to mention that in spite of the fact that Gulshan Kumar accepted the validity and legality of the Will, this Court insisted the petitioner to prove the Will in accordance with the provisions of law and rightly so as the other brothers and sisters of the petitioner were excluded from the property owned by Smt. Lakhmi Devi.