( 1 ) SHAMBU P. Jaisinghani has filed this petition to obtain probate as regards the Will executed on 1. 9. 1960 by his mother Smt. Puribai, widow of Late Shri Prem Chand Jaisinghani.

( 2 ) PETITIONER Shambu P. Jaisinghani and respondents 1 and 2, viz. Kanayalal P. Jnghani and Nanikram P. Jaisinghani are real brothers and sons of late Puribai widow of Late Shri Prem Chand Jaisinghani. In the year 1960 she was residing at Bhusawal with her son defendant no. 1 and she was owning properties in Delhi and Udaipur.

( 3 ) BY her Will dated 1. 9. 1960 she bequeathed the property bearing Block No. 28, House No. l75, Lajpat Nagar, New Delhi, in favour of her son Kanayalal P. Jaisinghani, respondent No. 1, whereas House No. 1oo-C. Prasad Nagar, Udaipur is bequeathed by her in favour of the petitioner Shambu P. Jaisinghani. It was the last Will of Late Smt. Puribai and the same was registered in the office of the Sub-Registrar, Bhusawal, District Jalgaon, Maharashtra.

( 4 ) IT is the further claim of the petitioner that no probate or letters of administration in respect of the said Will were ever applied for and issued by any Court. The original Will was left in custody of his elde