SANJAY KISHAN KAUL, J.

( 1 ) THE petitioner has filed this probate petition u/s 276 of the Indian succession Act, 1925 for grant of probate of the last Will and testament of late mrs E. J. Browne dated 18. 08. 1986. The deceased was a permanent resident of delhi and passed away on 28. 03. 1995 leaving behind the petitioner and respondent no. 2 as the legal heirs being the daughter and son respectively.

( 2 ) THE details of the property have been set out in Annexure C to the petition and basically consists of property bearing no. 251, Sukhdev Vihar, New delhi constructed on a plot of land measuring 300 square yards apart from the household articles. Objections were filed by by respondent no. 2 and issues were framed on 14. 02. 2000, which are as under: 1. Whether Mrs. E. J. Browne was not in a proper state of mind at the time she executed a will dated 18th August, 1986? and that the same was procured by fraud? OPD. 2. Whether any power of attorney was ever executed by the petitioner in favour of Mr. Benson Augustine?

( 3 ) THE petitioner has appeared in the witness box as PW1 while one of the attesting witness. Mr. Benson Augustine appeared as PW2. Respondent no. 2 appeared in the wi

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