D. P. Sinha, J.

1. This Appeal has arisen out of Probate Case No.7 of 1972 of the Court of District Judge, Gaya. An application for grant of probate has been filed by Smt. Girja Debi on the following averments. She is the adopted daughter of Firangi Singh, son of Nathp Singh of village Bermi, Police Station nawadah, district Gaya. Firangi Singh duly executed his last will and testament in her favour on 5/12/1971. He died on 11/1/1972 and at the time of his death he was possessed of the properties specified in Schedule a of the application. The applicant also claims to be the sole heir of the deceased.

2. Darogi Singh, the appellant, filed a petition on 1/3/1973 objecting to the prayer for grant or probate to the applicant on the grounds that the applicant, Srimati Girja Debi, was not the adopted daughter of Firangi Singh ; that the will was forged and fabricated ; that Firangi Singh was not in sound state of health and mind at the time of his death and that Darogi Singh himself was the nearest agnate of Firangi Singh, being the son of his deceased brother, Makhan Singh. He had given a genealogy in his petition to show that relationship. According to him Firangi Singh was jo