Hon’ble Sunil Ambwani, J.—The plaintiffs, named as executors in the alleged will of Maharaja Martand Singh son of Late H.H. Maharaja Gulab Singh Juedeo of Rewa, filed a Testamentary Case No. 4 of 1999 for grant of probate with will dated 5.1.1993 attached under Section 232 and 268 of the Indian Succession Act, 1925 (in short the Succession Act). The application is contested by the caveators/objectors Maharani Smt. Praveen Kumari, the widow and Shri Pushpraj Singh, the son of late Maharaja on which it was registered as Testamentary Suit No. 11 of 1999. The Maharaja died on 20.11.1995 at his residence at Fort Rewa in the State of Madhya Pradesh, which is stated to be his fixed place of abode. The Maharaja had left behind properties at Rewa in Madhya Pradesh; Bombay in State of Maharashtra and at Allahabad in the State of Uttar Pradesh.

2. Heard Shri Navin Sinha, Senior Advocate assisted by Shri Rakesh Bahadur for the plaintiffs; and Shri Ajeet Kumar, Advocate assisted by Shri Manu Saxena and Shri Mohit Kumar for the defendants.

3. It is stated by the plaintiffs, the executors named in the will, that the Maharaja at the time of his death possessed, and has also left shares in different companies having registered offices outside the State of U.P. and having face value in which he held 1/3rd share. He left behind his last will dated 5.1.1993, and testament made voluntarily in a fit and disposable state of mind. The will is registered and is in safe keeping of the District Registrar, Rewa and may be summoned by the Court. By the will the Maharaja, gave his entire properties to his legal heirs as also his employees as mentioned in the will dated 5.1.1993. The petitioners have been named and are appointed as Executors jointly and severely along with Shri H.S. Srivastava and Shri Ajai Singh. The will was executed in the presence of three marginal attesting witnesses, namely Gyanendra Singh son of Shri Surendra Singh, resident of Amahya, Rewa (M.P.), Dr. R.P. Srivastava son of Late Sri Uma Charan Srivastava, resident of Venkat Battalion, Rewa (M.P.) and Shri Jagdish Prasad Misra, resident of Venkat Battalion, Rewa (M.P.), who had signed in the presence of each other and in the presence of the deceased, who himself put his signature on each page in the presence of the witnesses.

4. It is stated that the petitioners have truly set forth in Annexure-1 to the affidavit, the valuation (property and assets) of all the properties and credits, which the Maharaja possessed of or was entitled to at the time of his death, which have or are likely to come to his hands, so as the petitioners have been able to ascertain, or are aware that there is no property and credits other than that specified in Annexure 1, which in para 10 have been valued at Rs. 1 crore. It is stated that the Maharaja had left behind him as survivors (1) Maharani Parveen Kumari R/o Fort, Uprahathi, Rewa (M.P.) (widow), and (2) Sri Pushp Raj Singh, R/o Fort, Uprahathi, Rewa (M.P.) (son), as his only next of kin. It is further stated in the application that no petition, application has been made to any District Court or any other High Court for grant of probate, letters of administration or succession certificate. The petitioners have undertaken to administer the property and credits of the Maharaja and to make full and true inventory thereafter and exhibit the same in the Court within six months of the grant of probate.

5. Maharani Smt. Praveen Kumari and Shri Pushpraj Singh, the widow and son of the late Maharaja filed their caveat on 24.3.1999 through Shri R.N. Upadhyaya, Advocate. They filed their written objections, verified by the Maharani and supported by her affidavit as also the affidavit of Shri Pushpraj Singh, stating therein that Maharaja Martand Singh Juedeo expired on 20.11.1995 at his residence Fort, Rewa (M.P.), but it is not admitted that Fort Rewa was his fixed place of residence of which he was the sole owner. His fixed place of residence