JUDGMENT

Navin Chawla, J.

1. The present petition has been filed by the petitioner under Section 276 of the Indian Succession Act, 1925 seeking grant of Probate of Will dated 11.04.2013 allegedly left behind by the petitioner's father Sh. Karan Singh (hereinafter referred to as the `Testator'), who died on 28.04.2013 in Gurgaon.

2. It is the case of the petitioner that the Testator left behind the following Legal Heirs:

i. Sh. Mahendra Kumar, son of the Testator, the petitioner herein.

ii. Sh. Rajesh Kumar, son of the Testator, the respondent no.2 herein.

iii. Smt. Savita Chauhan, daughter of the Testator, the respondent no.3 herein.

3. The petitioner states that the Testator, before his death, executed a Will dated 11.04.2013 (hereinafter referred to as the `Subject Will'), bequeathing the following assets in equal share between his two sons, that is, the petitioner and the respondent no.2 herein:-

"i. Farm House Fh-10, Bijwasan, Main Bamnoli Bus Stand, New Delhi-110027, Measuring 1100 sq.yds.

ii. Land measuring 2500 sq. yds., Village Chomma, Gurgaon, Haryana"

4. The petitioner herein has filed a civil suit, bearing No. 63/2014 titled Mahendra Kumar v. Rajesh Kumar & Anr., before th