( 1 ) THIS appeal has been filed under Section 294 of Indian Succession Act. Vijai Kumar Banerjee, the appellant has challenged the order of Court below granting probate of will dated 11-1-1988 executed by his mother Smt. Bang Laxmi in favour of respondent No. 1 namely Arun Kumar chakrawarti. Shri Arun Kumar Chakrawarti is sisters son of the testatrix, namely Smt. Bang Laxmi, of the will in question.

( 2 ) SMT. Bang Laxmi Banerjee (hereinafter to be referred as testatrix) an aged lady died on 16th January, 1988. She was hospitalised on 22nd December, 1987. During her hospitalisation she executed the disputed will on llth January, 1988 and expired on 16th January, 1988. The respondent no. 1 on 26th October, 1988 file the petition for grant of probate of will dated llth January, 1988. Smt. Bang Laxmi banerjee was survived by 8 children as mentioned in the disputed will. She bequeathed some property including a residential house and tenanted shop in favour of the respondent no. 1. By the will she divided and bequeathed the remaining property to her other sons and daughters. The respondent not 1 applied for grant of probate of the aforesaid will with allegation that