Mungeshwar Sahoo, J.

1. The defendant Nos. 1 and 2 have filed this First Appeal against the judgment and Order dated 29.6.2005 passed by Sri Prakash Chandra Gupta, 7th Addl. District Judge, Gaya in Title Suit No. 18 of 1999/2 of 1994 allowing the application for probate and letters of administration filed by respondent No.1.

2. The respondent No.1, Ajay Kumar Sharma filed the aforesaid title suit under Section 278 of the Indian Succession Act alleging that late Fateh Bahadur Singh, the father of the plaintiff died on 14.5.1991 at Gaya leaving a registered Will in favour of the plaintiff dated 13.5.1981 duly executed and attested. The plaintiff also averred that the value of the property which may come to him is Rs. 2,32,758/- Most of the property are within the jurisdiction of Gaya Court. Both the attesting witnesses are dead but the scribe Chandrika Prasad is still alive. The Will was annexed with the application.

3. The appellants filed separate objection to the said application. The brother of Ajay Kumar Sharma, namely, Bishnu Kumar Sharma and wife namely, Lalima Devi filed another objection. The other brother, Dr. Virendra Kumar Sharma who is appellant No. 2 as stated