Rakesh Kumar Jain, J.

1. This appeal is directed against the order dated 25.1.2006 passed by the Civil Judge (Senior Division), Gurgaon, (exercising the powers under the Indian Succession Act, 1925), allowing the application of the appellant filed under Section 276 of the Indian Succession Act, (for short, the Act), for the grant of probate certificate in favour of the appellant as well as Respondent Nos. 2 to 4. Briefly stated the facts of the case are that the appellant filed a petition under Section 276 of the Act, pleading that his father Krishan Lal Kohli having sound disposing mind, out of his free will, executed a Will on 06.4.1988 and got it registered before the Sub Registrar, Gurgaon vide Vasika No. 8 dated 6.4.1988 of the property in question, namely, plot No. 164; Udyog Vihar, Gurgaon to the extent of 1/3rd in his favour, l/3rd in favour of the other son Harsh Kohli and 1/3rd in favour of his wife Smt. Krishna Kohli. It was also alleged that his mother Smt. Krishna Kohli, to whom l/3rd share was given in the property in question, died on 30.8.1990. It is also alleged that after the death of her mother, her share had devolved upon both the brothers, namely Anil K