1. This Civil Miscellaneous Appeal is filed under Section 384 of the Indian Succession Act 1925 (‘the Act’ for brevity) against the order dated 1.8.2002 passed by the Principal District Judge, Ranga Reddy in O.P.No.1214 of 1998.

2. Respondent No.1-Michael Nicholas is the petitioner in O.P.No.1214 of 1998. The appellant is the 5th respondent in the said O.P. The respondents 2 to 6 herein are the respondent Nos.1 to 4 & 6 in the said O.P.

3. For the sake of the convenience, the parties are referred to as they are arrayed in O.P.No.1214 of 1998. Charles Nicholas was an Audit Inspector in APSRTC. The 5th respondent Smt Pushpa married Charles Nicholas, the brother of the petitioner, on 11th January 1982. She was an employee in Mysore University as on the date of marriage and even after the marriage, she continued to stay at the place of her employment. According to the petitioner, Smt Pushpa Charles deserted Charles Nicholas on 5.3.1985 and has been living at Mysore. Charles Nicholas underwent operation for his Edeno-carcinoma Prostrate and Renal failure. During that period, the petitioner being his elder brother took care of him. Smt Pushpa never came to Hyderabad to look after the welfare of Charles Nicholas. Smt Pushpa has no issues out of the wedlock. Charles Nicholas being an employee of APSRTC has to get various service benefits from his employer. He suffered from prostrate cancer and took treatment in Nizam Orthopedic Hospital, Hyderabad. He executed a Will on 26.12.1996 in the presence of an Advocate and Notary by name P.V.Rajender Prasad and two attestors namely; V.Manoranjan Das and Sri N.Jayashankar in sound disposing state of mind. As per the Will, he bequeathed all service benefits and other benefits in favour of the petitioner and they are:-

1. LIC Policy No.38113575 insured for Rs. 10,000/-

2. Provident Fund benefit from the office Secretary, APSRTC Provident Fund Trust, Musheerabad, Hyderabad Rs.2,16,000/-.

3. Gratuity amount Rs.1,00,000/-

4. Staff Retirement Benefit Scheme Rs. 4,513/-

5. Employee death link insurance scheme Rs. 26,000/-

6. Staff Benevolent and Gift Scheme Rs. 65,000/-

7. Co-operative Credit Society (MRO) Fund Rs. 66,570/-

Total: Rs.4,88,083/- ________________

Charles Nicholas died on 27.12.1996. His brother Michel Nicholas filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of Will dated 26.12.1996 so as to enable him to receive the service benefits from the office of the employer of the testator-Charles Nicholas. Respondent No.5 Smt Pushpa Charles resisted the claim of the petitioner. She disputed the Will propounded by the petitioner on the ground that the same was obtained by him under coercion in the last days of the testator while he was lying on bed in helpless situation not in a position to speak and in sub-conscious state due to Renal failure. The petitioner prevented her from attending last rights of her husband-testator. Para Nos.8 & 9 of the counter affidavit need to be noted and they are thus:-

“In reply to the averments contained in Para No.7, 8, 9,10 & 11 the respondent herein denies the same as false, fabricated and are only invented for the purpose of instituting this O.P in an attempt to misappropriate the terminal benefits of her late husband i.e., late Charles Nicholas under the guise of a will which is alleged to have been executed by her husband and in an effort to disentitle this respondent to all such terminal benefits to which she alone is legitimately entitled as she is the only, surviving successor or heir to the aforesaid terminal benefits of her late husband, since she is issueless, earlier her husband late Charles Nicholas nominated his mother Smt Arogya Marry as the nominee for the said benefits and since she already expired all the benefits should legitimately go in four of respondent No.5 herein, since she is the successor to the same. Further, the said will cannot be relied upon since the same is obtained from late C