VALMIKI J. MEHTA, J.

1. This first appeal under Section 299 of the Indian Succession Act, 1925 is filed challenging the judgment of the probate court below dated 20.8.2007. By the impugned judgment, the probate court has allowed the petition and granted probate of the Will dated 12.1.2000 executed by late Sh. Baldev Raj Bhatia. In the court below, there were three petitioners. Petitioner no.1 was the widow of the testator late Sh. Baldev Raj Bhatia, petitioner nos. 2 and 3 were two of the four sons of late Sh. Baldev Raj Bhatia. These petitioners of the probate petition have been arrayed as respondents to this appeal which is filed by the objector/respondent no.1 before the court below namely Sh. Naveen Bhatia and who is the one other son of late Sh. Baldev Raj Bhatia. In the court below, there were two respondents one being the present appellant and the second being fourth son Sh. Anil Bhatia who had filed objections but who thereafter filed his application dated 3.9.2004 and withdrew the objections which were filed by him on 17.1.2003 to the subject Will dated 12.1.2000 of late Sh. Baldev Raj Bhatia.

I may note that the objector, respondent no. 1 in the trial court and th