GITA MITTAL, J.

( 1 ) 1. By this petition under Section 300 read with Sections 276 and 239 of the Indian Succession Act, 1925, Dr. S. S. Srivastava has sought probate of a document asserted to be the last Will and Testament dated 28th August, 1977 purportedly executed by late Shri Ram Singh Srivastava. The petitioner has arrayed his four sisters Mrs. Shashi Srivastava, Ms. Kusum srivastava, Ms. Suman Srivastava and Mrs. Nayan Srivastava as respondent nos. 2-5 in the petition. Public notice of the filing of the petition was directed to be published in the Delhi and the overseas edition of 'the statesman by the order dated 20th December, 1999. On the same date, notice was also ordered to be issued to the Chief Revenue Controlling authority and the respondents. Such publication was duly effected in the issue dated 8th April, 2000 in the local and overseas edition of 'the statesman. No objections were filed by the general public, however the respondent No. 2 filed an application being IA No. 434/2001 under Section 282 of the Indian Succession Act, 1985 raising objections to the grant of probate. Replies raising objections to the petition were also filed by the respondent nos. 2, 3 and 4.

( 2 ) THE respondent No. 2, Smt. Shashi Srivastava, filed objections to the probate petition setting up a Will dated 28th October, 1987 executed by the late Shri Ram Singh Srivastava. A photocopy of this Will was placed on record by her. It has been brought on record that the photocopy of this Will was attested by the petitioner as a true copy.

( 3 ) THE respondent nos. 3 and 4 also filed similar objections to the probate petition filed by the petitioner submitting that in terms of the Will dated 28th October, 1987 left by the Late Shri Ram Singh Srivastava, the petitioner and the respondent nos. 2 to 5 were entitled to equal share in the property. It was also asserted that on the request of the petitioner, respondent No. 2 had agreed to relinquish her share in the property in his favour if he shares the property with the remaining sisters in terms of the desires of their late father as expressed in the Will dated 28th October, 1987. The respondent nos. 3 and 4 also placed reliance on an agreement executed by the petitioner on 12th January, 2000. It has been submitted that on this representation made by the petitioner, the respondent No. 2 had relinquished her share in the property in favour of the petitioner by a deed dated 12th January, 2000. On these pleas, it is contended that the Will dated 28th August, 1977 was false and the probate petition was liable to be dismissed.

( 4 ) RESPONDENT No. 5 filed objections to the probate petition submitting that the parents of the parties had died intestate and there was no Will dated 28th August, 1977 as had been relied upon by the petitioner. The respondent no. 5 has submitted that since no Will existed, the estate of their late father had to be partitioned amongst all the legal heirs.

( 5 ) ON these pleadings, vide order dated 30th September, 2003, the following issues were framed in the matter:-

"1 Whether the Will dated 28th August, 1977 propounded by the petitioner is the last Will and testament of the late Mr. Ram singh Srivastava and it had been executed by him in a sound disposing mind and it is a valid Will? 2. Relief. "

( 6 ) BY a subsequent order passed on 25th February, 2004, this court was pleased to appoint Ms. Rajni Chauhan, Advocate as a local commissioner for recording evidence in the case. It was directed that the examination-in-chief of the witnesses of the parties would be recorded on affidavit while only those witnesses would be summoned whom the opposite parties require for cross-examination. The petitioner was cross-examined by counsel for the respondent nos. 3 and 4. The petitioner filed his own affidavit dated 7th ' november, 2003 by way of evidence in the matter and proved the death certificate of his father on 6th November, 1988 and mother on 13th september, 1995. The petiti