VALMIKI J. MEHTA, J.

1. This first appeal is filed under Section 299 of the Indian Succession Act, 1925 impugning the judgment of the trial court dated 22.10.2007 by which the trial court has granted to the respondent no.2 herein, petitioner in the trial court, letters of administration of the Will dated 19.9.2000 executed by Sh. Nand Lal, the father.

2. The facts of the case as pleaded in the petition in the trial court, filed by the respondent no.2/Sh. Sanjay Rana, were that his father Sh. Nand Lal died on 20.1.2001. Sh. Nand Lal had prior to his death left behind his Will dated 19.9.2000 and which was duly registered with the Sub-Registrar. By the Will the deceased testator bequeathed his property bearing no. 4249-51, Tail Mandi, Pahar Ganj, New Delhi to his one son i.e the respondent no. 2 herein and his widow Smt. Nirmal Rana. The petition in the trial court was originally filed by Smt. Nirmal Rana widow of Sh. Nand Lal along with Sh. Sanjay Rana, the son of Sh. Nand Lal, however after the death of Smt. Nirmal Rana, she was deleted from the array of the two petitioners because by the subject Will the property was bequeathed half to the widow Smt. Nirmal Rana and half t