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 wi