A.K. Sikri, J.

1. The genuineness and validity of purported Will dated 28.02.1985 got registered on 29.05.1985 of Lala Hansraj Gupta, Ex. Mayor of Delhi is the subject matter of the present appeal. After the death of Lala Hansraj Gupta (hereinafter referred to as `the testator') on 03.07.1985, the appellant (one of his sons) filed the probate case No. 62/1985 in October, 1985, propounding that Will. Some other legal heirs had challenged the veracity thereof. The learned Single Judge has returned his findings holding that the purported Will, in his opinion, is not a genuine Will which has resulted in the dismissal of the probate petition. Assailing that judgment, present appeal is preferred by the appellant.

2. The testator had a family consisting of wife, four married sons and two married daughters. Names of his children and few grand children are mentioned in the opening part of the Will. Family chart is as under:

"Family Chart

Lala Hans Raj Gupta (died on 3rd July, 1985)

Des Raj Shiv Raj Rajendra Mahendra Angira.

Gupta Gupta Kumar Gupta Kr. Gupta Gupta

....(Son)S1 (Son)s2 (Son)S3 (Son)S4 (Wife)

Ravi Raj ....Sanjay .....Arti Avanti Geeta Kirti

Uday Raj

...Jayant

(Grandson) ..(Grandson) ...(Grandson) ....(Grand-daughters)

Daughters of Lala Hans Raj

Pratibha Shashi

(Gopal, Sarita, (Karuna &

Amita,Nalini) Vikram)

Great Granddaughters (Amita,Sarita,Arti)"

3. The testator has given Rs. 15,000/- each of his grandsons and daughters and great grand children (children of his sons) and Rs. 5,000/- each to grand children of his daughters as a token remembrance. Main bequeath, insofar as interests are concerned, relates to his interest and share in M/s. H. G. Gupta and Sons as well as M/s. Mridul Enterprises Partnership, two partnership firms and his shares and other interest in M/s. Hansraj Gupta and Company Private Limited. He also had a share in two properties, viz., No. 20, Barakhamba Road, New Delhi and residential property, i.e., 3, Amrita Shergil Marg, New Delhi. As per this Will, his interest and shares in these properties devolved are as under:

"4. My interest and share in H.G. Gupta & Sons and M/s Mridul Enterprises Partnership and their respective goodwill be transferred to my grandsons Ravi Raj Gupta and Uday Gupta in the proportion of 3 to 1 and it is my fervent desire that this partnership may continue as a link between the family far as long as possible.

8. All my shares and other interests that I have in M/s. Hans Raj Gupta & Co. Pvt. Ltd. with that after my death the same may devolve on my son Shri Desh Raj Gupta and grandson Shri Ravi Raj Gupta equally. I wish that the said company be managed and controlled by my son Shri Ravi Raj Gupta as is being done today and none of my other legal heirs should raise any objection thereto.

10. That my share in property No. 20, Barakhamba Road, New Delhi and 3, Amrita Shergil Marg, New Delhi shall after my death devolve upon my 4 sons in equal shares."

One trust, viz., Hansraj Gupta Charity Trust was also created in respect of which Will provides as under:

"9. After clearing all the aforesaid liabilities the executors shall make over all my movable assets or shares to Hans Raj Gupta Charity Trust of which I am also a trustee.

11. That the value of my interest in all other immovable properties shall devolve upon the aforesaid Hans Raj Gupta Charity Trust.

12. Whatever other immovable property or share of immovable properties owned by me shall be made over to Hans Raj Gupta Charity Trust together with an obligation thereon to use them in pursuance of objective of that trust."

The testator had some unascertained contingent liabilities in the form of personal guarantees given by him for some limited company. He made provision in respect of these liabilities as well as by declaring as to who would own such liabilities. The gist of the Will, thus, is as under:

Rs. 15,000 to each grandson, granddaughters, great-grandson & great granddaughters;

Rs. 5,000 to children of daughters;

The firm named H.G. Gupta & M/s. Mrid