PRADEEP NANDRAJOG, J.

( 1 ) THIS appeal is directed against the order dated 21. 10. 03 passed by the learned Additional District Judge, Delhi whereby petition filed by the respondent under Section 276 of the Indian Succession Act, 1925 was allowed and letters of administration were granted in favour of the respondent in respect of the will dated 6. 2. 1985 executed by Late Smt. Ram lubhai.

( 2 ) LATE Smt. Ram Lubhai (hereinafter referred to as the deceased) had 5 sons namely, Shri Chand Bhatia, Kishan Chand Bhatia, Madan Lal bhatia, Jagdish Lal Bhatia and Kundan Lal Bhatia and one daughter, rawail Kumari. Deceased died on 4. 3. 1994. Three sons (Shri Chand, Kishan chand, Kundan Lal) had pre-deceased her. Thus, at the time of her death, deceased was survived by her two sons Madan Lal and Jagdish, daughter rawail Kumari and the legal heirs of her other three pre-deceased sons. Deceased was the owner of the property bearing Municipal No. 26/67 West patel Nagar, New Delhi and other movable properties such as cash, post office bonds, jewellery and house hold items etc.

( 3 ) MADAN Lal Bhatia filed a petition under Section 276 of the Indian succession Act, 1925 seeking probate of a will purported to have been executed by the deceased on 6th February, 1985. As per the will, the deceased had bequeathed her entire property in favour of Madan Lal to the exclusion of her other legal heirs including her son Jagdish Lal and daughter rawail Kumari.

( 4 ) JAGDISH Lal and 7 children of Late Sh. Kishan Chand (pre-deceased son of the deceased) had opposed the petition.

( 5 ) THE will in question Ex. PW2/2 is a computer typed document and consists of 2 sheets. It has been typed in the English language. It bears the signatures of the deceased on each page. The signature has been appended in Gurmukhi script. The will in question is a registered document.

( 6 ) THE will in question has been witnessed by one Mr. Bansi Lal Arora and one Mr. M. N. Sharma.

( 7 ) BANSI Lal Arora has been examined by the respondent as PW-2 to prove the will. In his examination-in-chief he deposed that he is the friend of the respondent. That he knew the deceased since the year 1972 and that he and the other attesting witness had attested the due execution of the will by the deceased. That the deceased along with the respondent had come to his office and expressed her desire to execute a will in favour of the respondent as the respondent was taking good care of her. Regarding preparation of the will he stated that the will Ex. PW2/2 was drafted by an advocate Mr. Sharma who is also the other attesting witness. That the will was drafted under the instructions of the deceased. That the will was then typed by a typist. (He could not recollect the name or whereabouts of the said typist ). That after the will was fully typed, the contents of the will were read over to the deceased by the advocate in vernacular and thereafter deceased appended her signatures in Gurmukhi. That thereafter he signed the will as an attesting witness. That after the execution and attestation of the will, they went to the office of Sub-Registrar, Kashmere Gate, Delhi where the will was duly registered.

( 8 ) TO prove the registration of the will in question, one Mr. Shatrughan, ldc, Office of Sub-Registrar, Kashmere Gate, Delhi was examined as PW-1. He deposed that the will in question was registered on 6. 2. 1985. He also brought the necessary records to prove the same.

( 9 ) ON the other hand, objectors/appellants i. e. Anoop Bhatia and jagdish Lal Bhatia examined themselves as OW-1 and OW-2 respectively. In their respective testimony, they deposed that the deceased was not in a sound mental condition at the time of execution of the will. That being an old lady, deceased was suffering from various infirmities and could not even see or hear properly. That the deceased was an illiterate lady. That the deceased did not appear before the Sub-Registrar. That the will in question is a forged and