Pradeep Nandrajog, J.

1. The question in this appeal is whether the will dated 28.07.1998 is the last legal and valid testament executed by late Sh. Nand Lal Dua.

2. Late Sh. Nand Lal dua (hereinafter referred to as the testator) expired on 10.01.1999 was survived by three sons namely, Sh. Ashoka Kumar, Sh. Ranbir Kumar and Ranjt Kumar and three daughters namely, Smt. Ved Puri, Smt. Darshana Gulati and Smt. Subhash Kumar. Testators wife had predeceased him.

3. On 08.01.2002 Ranbir Kumar filed a petition under Section 276 of the Indian Succession Act, 1925 seeking probate of the will purported to have been executed by the testator on 28.07.1998.

4. The will dated 28.07.1998 is a registered document typed in English bearing the signature of the testator in Hindi and attested by two witnesses namely, Sh. P.C. Khanna, Advocate and Sh. Gurbachan Singh, Advocate.

5. The will reads as under:

WILL

Life is but short. God knows what time or when may it come to an end.

I Nand Lal Dua aged 86 years. Son of Late Shri M.R. Dua R/O 12/16A and B Tilak Nagar, New Delhi do hereby make the following will and declare that this Will shall stand cancelled and absolutely inoperative and unenforceable.

I declare that I am in perfect and sound disposing mind and that I am making this will after careful consideration and thought.

I am the absolute owner of the property no 12/16 A and B Tilak Nagar,

New Delhi, which was acquired by me with my own efforts.

Now I wish and desire that after my death, the property No 12/16 A and

B Tilak Nagar, New Delhi Shall devolve in the following manner:

1. I wish and desire that after my death, "A" portion of the property 12/16 Shall devolve exclusively on my son SH Ranbir Kumar Aged 48 Years in which he and his family is living along my wife physically, financially and morally from the time he became earning member and could not own any house due to heavy expenditure on us. My wife who was able to help me in my daily routine expired on 22.11.97. Now I am fully dependent and properly looked after by my son Ranbir Kumar.

Sh. Ranbir Kumar Shall became the owner of "A" Portion of the 12/16 Property after my death and he will be fully entitled to do all other necessary acts, deeds and things relating to this "A" portion of property no 12/16 as he deems fit and necessary.

2. I wish and declare that "B" portion of the property 12/16 Shall devolve in the following manner:

.(a) 40 sq.yds of rear portion of 12/16B Tilak Nagar facing service line and main public road shall devolve exclusively on my daughter Subhash Kumari as she owns no house.

.(b) My remaining four children namely Sh Ashok Kumar, Sh Ranjit Kumar, Smt. Ved Puri and Smt. Darshan Gulati are financially very sound and all have their own houses and bungalows. Yet as members of my family I wish and desire and declare that:

.(c) Remaining 60 Sq. Yds. front side of 12/16B Tilak Nagar Shall devolve on the rest of my these two sons and two daughters Namely Sh Ashok Kumar, Sh Ranjit Kumar, Smt. Ved Puri and Smt. Darshan Gulati equally.

I appoint Sh Ranbir Kumar as Executor of the Will to carry out the effect of this Will as per the directions given by me in this will.

I witness where of I have signed this will on this 28th day of July, 1998.

sd/-

TESTATOR

The Testator has signed this Will in our presence and we both have also signed this will in the presence of the testator and each of us.

Witnesses:

1. Mr. P.C. Khanna

2. Mr. Gurbachan Singh

.6. The three daughters of the testator gave their no objection to the grant of

.probate in respect of the will in question in favor of the petitioner.

7. Two sons of the testator, namely Ashok Kumar and Ranjit Kumar have objected to the grant of probate.

8. They have raised doubts over the genuineness of the will broadly on the following grounds: (a) That the testator could not read and write in English; the will being in English it casts a doubt on its execution; (b) That the signature on the will are forged; (c) The