Prathiba M. Singh, J.

The present petition under Section 276 of the Indian Succession Act, 1925 has been filed seeking grant of probate of the Will of late Sh. Inder Singh dated 10th March, 1995. The Petitioner is the elder brother of the testator. Notice was issued in the petition on 27th May, 2003. The three legal heirs of the testator have filed a common objection petition, objecting to the grant of probate. On 19th July 2006, the following issues were framed :

1. Whether the deceased executed a will dated 10th March 1995?

2. If issue no.1 is proved in the affirmative, whether the will in question is a valid will in the eyes of law?

2. On behalf of the Petitioner-Sh. Jai Singh, three witness statements were filed: that of Sh. Jai Singh himself, and the two attesting witnesses to the Will, namely Sh. Kamal Singh and Sh. Ankur Walia. Though the two attesting witnesses filed their affidavits by way of evidence, only Sh. Ankur Walia had appeared for cross examination. On behalf of the Respondents, the affidavits by way of evidence have been filed by Sh. Raj Kumar, the son of the testator's sister, and Sh. Vikas Dagar, one of the sons of the testator.

3. The submission of Mr. Vi