SURYA PRAKASH KESARWANI, J.

1. Heard Sri S. K. Chaturvedi, learned counsel for the appellants and Sri I. S. Tomar, learned counsel for the respondent.

2. In this appeal both the learned counsels for the parties jointly state that in this appeal only a legal question is involved and therefore, this appeal may be heard finally without paper book. They jointly state that the legal question involved in this appeal is as under:-

Question:

"Whether an application by a Hindu for probate of will under the provisions of The Indian Succession Act, 1925 is maintainable before a Court of District Judge in the State of Uttar Pradesh?"

Facts:

3. Briefly stated undisputed facts of the present case are that the plaintiff-respondents, namely, Bhagwati, Ramwati, Veerwati, Rani and Phoolwati applied for probate of will dated 23.04.1975 executed by their father Sri Ramdas, resident of Nalganj, Village Lahargird, District Jhansi, who died on 28.08.1984. The aforesaid case was registered as Misc. Probate Case No.14 of 2012 in the Court of District Judge, Jhansi. The plaintiffs are the daughters while the defendants-Mangal Singh, Shaitan Singh and Amar Singh are the sons of deceased Ramdas. An object