1. The prime question to be decided in this proceeding is whether the will dated 10th July, 1985 is genuine and validly executed and attested. The plaintiff, claiming to be the executrix appointed under the will, applied in O.P. No. 477 of 1986 for grant of probate to have effect throughout the whole of Union of India. On the filing of the caveat by the defendant, the original petition was converted into a suit numbered as T.O.S. No. 19 of 1987.

2. The undisputed facts are as follows :—Dr. Chaman Lal Gurdasram. Bali, the deceased husband of the plaintiff, had married originally a lady by name Ruby. Three sons named Ratan, Rajan and Raman were born of the marriage on 15-9-1954, 5-8-1957 and 25-5-1959 respectively. The family was living in No. 34, Union Park, Chembur, Bombay. In January 1965, Dr. Chamanlal Bali left the family and began to reside at Mirabell Hotel, Bombay. Sometime thereafter, he began to live with the plaintiff at Ashoka Apartment s, Napean Sea Road, Bombay. In 1966, Mrs. Ruby Bali initiated a maintenance proceeding against Dr. Bali and he filed a petition against her for judicial separation in the City Civil Court, of Bombay. Thereafter, she filed a petition for divorce in the City Civil Court, under S. 13(1)(i) of the Hindu Marriage Act. As a result of intervention of mutual friends, the spouses settled their disputes which led to a decree for divorce passed by the City Civil Court, Bombay on 11-3-1967. The decree provided that by consent of parties, the custody of the three sons shall continue with the lady and a consent decree will be made with respect to the maintenance. An agreement between the parties was executed on the same day whereby Dr. Bali agreed to pay a sum of Rs. 75,000 in full and final settlement of the claim for alimony and maintenance of Mrs, Ruby Bali for herself and the children of the marriage viz., Ratan, Rajan and Raman. The amount was to be invested by two persons named as trustees till the attainment of majority by the minors. The agreement also provided that the flat situated at No. 34, Union Park, Chembur, standing in the name of the husband, shall be taken by the wife, who shall pay the rent of the premises to its owner and that the husband shall have no right, title or interest therein. In 1968 Dr. Bali married the plaintiff and a male child was born to them in 1972. He was named Such-indra. In 1980, Dr. Bali underwent an open-heart surgery in Houston, U.S.A. In 1984, the petitioner was elected as a member of the Lok Sabha. On April 21, 1986, Dr. Bali died at Madras in Apollo Hospital after neurosurgery.

3. On 1-9-1986, the plaintiff filed original Petition No. 477 of 1986 for grant of probate. The Court ordered notices to be served on Ratan Bali, Raman Bali and Rajan Bali. Notices sent through Court returned unserved and on 3-2-1987 notice was ordered to be sent by registered post with acknowledgment due. That notice was served on all the three brothers and on 27-2-1987 the defendant filed caveat. Thereafter, the Original Petition was converted into a suit and the written statement was filed by the defendant on 14-9-1987. The plaintiff filed Application No. 4788 of 1987 for permission to file a reply statement and the same was ordered on 27-11-1987.

4. In the original petition which is treated as the plaint after the conversion of the Original Petition into the suit, it is stated as follows:— Dr. Chaman Bali who died on 21-4-1986 was possessed of properties both movables and immovables within the State of Madras and also within the State of Maharashtra. The writing produced along with the petition is the last will and testament of the deceased Dr. Chaman Bali and was duly executed in his own hand-writing at Ashoka Apartment, 131, Napean Sea Road, Bom bay on the 10th day of July, 1985, in the presence of the persons whose names appear at the foot thereof. Under the will the deceased had bequeathed all the properties to minor Suchindra Bali and the petitioner is appointe