Prathiba M. Singh, J.

1. The present testamentary case has been filed under Section 276 of the Indian Succession Act, 1925 in respect of Will dated 19th February, 2009 of Late Sh. Bishan Chand Aggarwal. The Petitioners are the brothers of the deceased and claim to be the executors of the said Will. As per the Will, the deceased claims to be the owner of the following property:

“I am have full rights and title to and am possessed of One Half undivided share of BUILT UP PROPERTY BEARING NO. G-92, AREA MEASURING 370 Sq. Yds. I.E. I AM ENTITLED TO UNDIVIDED 185 SQ. YDS, CONSISITING OF WHATSOVER THEREIN, WITH THE RIGHTS OF UPPER STOREY CONSTRUCTION UP TO THE LAST STOREY, FITTED WITH ELECTRICITY AND WATER CONNECTION, BOTH IN RUNNING CONDITION, WITH THEIR SEPARATE METERS INSTALLED THEREON, WITH ALL FIXTURES AND FITTINGS FITTED THEREON, SITUATED IN THE LAYOUT PLAN OF PREET NAGAR, CO-OPERATIVE HOUSE BUILDING SOCIETY, COLONY KNOWN AS PREET VIHAR, DELHI-92.”

The deceased is claimed to have bequeathed 40% of his share to one of his brothers – Sh. Dinesh Aggarwal and 15% each to his other brothers – Mr. Mukesh Kumar Aggarwal, Mr. Rakesh Kumar Aggarwal, Mr. Umesh Aggarwal and Mr. Amit Agg