Valmiki J. Mehta, J. (Oral)

1. This first appeal is filed under Section 299 of the Indian Succession Act, 1925 against the impugned judgment of the probate court below dated 14.7.2003 by which the probate petition filed by respondent no.1 herein (Sh. Raj Kumar) has been allowed. Probate has been granted for the Will dated 11.9.1973, Ex.PW2/1, executed by late Sh. Amolak Ram. Sh. Amolak Ram died on 14.6.1979.

2. Sh. Amolak Ram had married twice. His first wife was Smt. Nainawanti who died in about 1940. Probate petition is filed by one son of Smt. Nainawanti, namely Sh. Raj Kumar, and who is supported by his two other real brothers who are the beneficiaries under the Will. Sh. Amolak Ram had nine children from the first wife Nainawanti i.e six sons and three daughters. Three sons who would have benefitted if the probate of the Will is granted are Sh. Raj Kumar, Sh. Deputy Lal and Sh. Babu Lal. These three sons of the first wife claim that the second wife Smt. Raj Kaushalaya only had a life estate in the property bearing no. 20-A/1-AB situated in Tilak Nagar, New Delhi which belong to the testator and they were to be the owners of the property after the death of Kaushalyawan