ELIPE DHARMA RAO, J.

( 1 ) THIS Civil Miscellaneous Appeal was filed by Smt. Rohini, wife of late r. S. Shankarnarayanan (hereinafter referred as the deceased), who was the petitioner in o. P. No. 1236 of 1990 on the file of the additional Chief Judge, City Civil Court, hyderabad (Temporary) being aggrieved by the order dated 15-3-1991 dismissing the o. P. , which was filed under Section 276 of the Indian Succession Act, 1925 (for short the Act) to grant probate of the Will dated 26-9-1989 executed by the deceased.

( 2 ) THE brief facts of the case are that the petitioner - Appellant is one of the two wives of the deceased, who was working as manager, Bank of Baroda at Coonoor, nilgiries District in Tamil Nadu and died on 16-1-1990. During his life time he acquired certain movable and immovable properties, which were bequeathed in favour of the appellant and his four sons in the presence of two witnesses, while he was in sound condition of health and good state of mind, by way of Will aforementioned. He bequeathed the flat bearing No. 43, second floor, situated at Somajiguda, hyderabad for life in favour of the appellant without right to alienate and after her life time absolutely in favour of his four sons, i. e. , two sons of his first wife by name, r. S. Ganesh and R. S. Kumar and two sons of the appellant herein by name Kiran Babu and Arun Babu. Provident Fund, Gratuity and other service benefits which may amount to Rs. 80,000. 00 were bequeathed in favour of the appellant and she is also entitled to a sum of Rs. 25,000. 00 from the bank of Baroda Staff Co-operative Credit society, Hyderabad, after adjustment of loan and death benefits of the deceased. The value of the above said flat is Rs. 1,25,000. 00 and the service benefits from the Bank of baroda after adjustment of loan amount, is rs. 80,000/- and the amount from Bank of baroda Staff Co-operative Credit Society, hyderabad inclusive of death benefits amounts to Rs. 25,000. 00. Therefore, she filed the O. P. to grant probate of the Will dated 26-9-1989 executed by the deceased.

( 3 ) NONE were made as respondents to the petition. A paper publication was issued in Deccan Chronicle, an English Daily, calling for objections, if any, to allow the petition, but no objections were received. The petitioner-appellant herself was examined as P. W. 1 and marked Ex. P-l

( 4 ) P. W. 1 the appellant deposed that her husband died on 16-1-1990 at Coonoor in tamil Nadu while working as Manager, bank of Baroda, Coonoor Branch and she was staying with him, that his two children r. S. Ganesh and R. S. Kumar were born through his first wife and the two children kiran Babu and Arun Babu, born to him through her, were staying with her, that her deceased husband executed a Will in september, 1989 before his death and it is ex. P-l. As per Ex. P-l she is entitled for the service benefits of her deceased husband from Bank of Baroda and the deceased bequeathed the flat bearing T. No. 43, Shanti shikara Apartments, Hyderabad in her favour, which is worth one lakh and that she was given only life interest in the said flat and all the four children of her husband are entitled to the said property after her life time and she is also entitled to all the service benefits of the deceased from Bank of Baroda. Therefore, she prayed to grant a probate of the Will.

( 5 ) THE learned Judge, after considering the facts and circumstances of the case observed that for grant of probate to the will executed by a testator, the appellant should prove the execution of the said will to the satisfaction of the Court. It further observed that Section 63 of the Act requires proof of three things mentioned in subclause (a), (b) and (c) thereof, before it can be said that a Will has been validly executed, firstly, the testator has to sign or affix his marks to the will or it has got to be signed by some persons in his presence and by his direction, secondly that the signature or mark of the attestor or the signature of t

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