( 1 ) THIS appeal arises out of the judgment and order dated 22. 3. 1997 passed by the Additional District Judge, Delhi in Probate Case No. 566/ 94 dismissing the petition for grant of probate/letter of administration in respect of the estate of late Smt. Ishar Devi widow of late Shri Deena Nath, with the Will annexed dated 22. 9. 1978.

( 2 ) LATE Smt. Ishar Devi, widow of late Shri Deena Nath Dewan was the owner of house No. D-3, Kailash Colony, New Delhi. She had three sons and three daughters. Shri N. N. Dewan, the elder son of Smt. Ishar Devi had pre-deceased her leaving behind his widow, Smt. Damyanti Devi and a daughter, Smt. Renu Chaudhary. She was survived by two sons, namely, Shri Vasheshar Nath and Shri Vishwa Nath and three daughters, namely, Smt. Shiela Rani, Smt. Shanti Rani and Smt. Shakuntala Rani. It is the case of the petitioner that prior to her death, late Smt. Ishar Devi had executed a registered Will dated 22. 9. 1978 in favour of her grandson Shri Bhushan Kumar Dewan s/o Shri Vishwa Nath. It was also alleged that Shri I Bhushankumar Dewan in favour of whom the Will was executed was the only male I child in the family, since Shri N. N. Dewan had onl