B.R. GAVAI, J.

1. An important question, ‘as to whether the application under Section 301 of the Indian Succession Act, 1925 (hereinafter referred to as “the Succession Act”) can be made only by a beneficiary or legatee, who accepts the Will and, as to whether it cannot be made by a person who seeks to dislodge the Will or contest the application for probate or Letters of Administration with Will annexed', arises for consideration in the present appeal.

2. The bare necessary facts for deciding the present appeal are as under:-

3. One Malati Srivastava (hereinafter referred to as “the deceased”) expired on 31/08/2005, leaving behind her 9 nephews/nieces being sons and daughters of her predeceased brothers/sisters and her sisters in law (being the widows of her predeceased brothers) as her only legal heirs. The deceased had left behind, as part of her estate, various immovable properties as well as jewellery and shares etc. One of the most valuable assets left behind by the deceased was a Flat being Flat No. 303, Belmont, Napean Sea Road, Mumbai along with Garage (Hereinafter referred to as “the Belmont Flat”)

4. Respondent Nos. 1 and 2 herein filed Probate Petition No. 223 of