Mool Chand Garg, J.

1. This appeal has been filed by the appellant against the order granting probate of the Will dated 03.01.1980 executed by late Shri Harbans Lal Joshi who expired on 05.03.1981 leaving behind 4 sons, two daughters and 1 widow. The grant of probate was opposed by all the 4 sons and his widow vide objection dated 11.12.1984. As per the Will in respect of accommodation available in H.No. C-66, Soami Nagar, New Delhi -17 front portion in its entirety is given to the daughter Mrs. Beena Joshi Sharma except one bed room opposite to kitchen of the said portion. Rear portion consisting of two rooms was given to two sons, namely, Prem Swaroop Joshi & Basant Kumar Joshi, who took one bedroom each along with common corridor & kitchen.

2. Similary, bequeath of some portion of the first floor has been made in favour of Shri Sahab Swaroop and Gur Swaroop Joshi in the following words:-

"(a) Space over front portion - may be built by my son Sahab Swaroop when convenient to him, so as to have decent accommodation when he settles down in Delhi permanently after his retirement from Govt. Service in M.P., or earlier according to his choice.

(b) Space over rear portion 1st floor -- Gur Swaroop Joshi my son is permitted to build one room in continuation of the space above the kitchen of the rear portion. He will have to pay the cost of land (roof portion) (a) 1/3 portion of the market rate of land on the date of construction by him. He is also permitted to construct lavatory bath and kitchen by paying the cost of land as stated i.e. 1/3 of the market rate of land on date. The cost of land paid by Gur Swaroop Joshi will be shared by Prem Swaroop Joshi & Basant Kumar Joshi equally."

3. Smt. Shanti Sharma was also permitted to build over the second floor according to the need on date. She has neither filed any objection nor she is a contesting party. Besides that there were some bequeath of movable properties in the following words:

"It is my frank & open confession that the house as it stands at date has come to being with the funds loaned out by Dayal Bagh Radha Soami Finance Co., J.P. Sahajpal and loans share of money provided by Beena Joshi Sharma out of her salary earned as teacher both before and after her marriage with Shri Nand Kishore Sharma. I wish & hope that my loan obligation on date will be paid by Mrs. Beena Joshi Sharma so as to permit my unfettered departure to better world which has matured."

4. According to the respondent whatever liabilities were left to be discharged and which were required to have been discharged by the respondent Smt. Beena Sharma stands discharged.

5. As far as the objectors are concerned, they had opposed the grant of probate by making following averments:

"Shri Harbans Lal Joshi had been keeping very bad health, several years before his death. During the first week of December, 1979 Shri Harbans lal Joshi became seriously ill and was completely bed-ridden. He was suffering from a disease which brought about the symptoms of inattentiveness and confusion. He was incapable of balanced sensory perception and was in a state of stuper. In view of the serious illness of Shri Harbans Lal Joshi, he was incapable of making a Will on 03.01.1980. It is denied that Shri Harbans Lal Joshi executed any Will in question on 03.01.1980, a photo copy of which has been produced in this Hon'ble Court. In the alternative it is submitted that the petitioner was staying of and on with Shri Harbans Lal Joshi during the period of his illness. The petitioner was attending upon him. Shri Harbans Lal Joshi was greatly under the influence of the petitioner. The Will in question alleged to have been executed by him, was under the undue influence of and under pressure exercised by the petitioner upon her father, Shri Harbans Lal Joshi. It is also denied that Dr. N.N. Tandon and Shri Karam Narain Khanna signed the Will as attesting witnesses."

6. In addition to that it was also submitted that no provision was made for the widow of