A duly proved, uncontested Will warrants letters of administration with the Will annexed.

Late Ms. Nina Sloan executed her last Will dated 03.04.2014 at New Delhi in the presence of two attesting witnesses, Mr. R. Balasubramanian and Mr. Sadeev Sandhu.

She died on 08.11.2016 in California. Her husband and son had predeceased her. The petitioner, her nephew, and his daughter, Ms. Ambita Verdi, were beneficiaries under the Will.

The Will bequeathed commercial Units/Flats Nos. 833 and 834 at Vatika Business Park, Gurugram, to Ms. Ambita Verdi, and Units/Flats Nos. 835 and 836 to the petitioner.

The petitioner filed the present petition under Sections 276 and 278 of the Indian Succession Act, 1925, seeking probate or letters of administration in respect of the Will.

As the Will did not appoint an executor, and the deceased had a fixed residence in New Delhi, the petitioner sought letters of administration with the Will annexed.

Citation was published in The Statesman and Veer Arjun, but no objections were received.

The properties were valued at approximately ₹2,13,69,600.

The petitioner and one attesting witness, Mr. Balasubramanian, filed evidence supporting the execution and attestation of the Will.

Whether the Will dated 03.04.2014 was duly executed and attested in accordance with Section 63 of the Indian Succession Act, 1925, and proved under Section 68 of the Indian Evidence Act, 1872?

Whether the petitioner was entitled to letters of administration with the Will annexed in the absence of any executor and in the absence of objections to the grant?

The Court applied Sections 276 and 278 of the Indian Succession Act, 1925, governing petitions for probate and letters of administration; Section 63 of the Act, requiring due execution and attestation of a Will by two witnesses; Section 68 of the Indian Evidence Act, 1872, requiring examination of at least one attesting witness to prove execution of a document required by law to be attested; and Section 281 of the Indian Succession Act, concerning verification of the petition by an attesting witness.

Where a Will is duly proved, no suspicious circumstance or legal impediment exists, and no executor has been appointed, letters of administration with the Will annexed may be granted to the entitled applicant.

The evidence of Mr. Balasubramanian established that the deceased signed the Will in his presence and that the second attesting witness was also present at the time of execution.

This satisfied the statutory requirements of execution and attestation under Section 63 of the Indian Succession Act.

Since the witness was an attesting witness who gave evidence regarding the execution and attestation, the requirements of Section 68 of the Indian Evidence Act were also satisfied.

The petition was additionally verified in accordance with Section 281 of the Succession Act.

The evidence remained unchallenged, no objections were filed despite publication of citation, and there was no material raising doubt about the genuineness of the Will.

As no executor had been appointed under the Will, the appropriate relief was letters of administration with the Will annexed rather than probate.

The petition was allowed, and the petitioner was held entitled to letters of administration with the Will annexed in respect of the estate covered by the Will.

The Registry was directed to issue the letters of administration upon the petitioner furnishing an administration bond and one surety bond, and upon payment of the requisite court fees and completion of other formalities.