( 1. ) THIS is an appeal under section 299 of the Indian Succession act, 1925, (hereinafter referred to as the Act) against order dated 2-1-1980 passed by the Additional District Judge, Shivpuri, refusing to grant probate in spite of holding the will executed by Smt. Dhanvanti, the testator, in favour of the appellant as duly proved.

( 2. ) THE appellant submitted an application for grant of probate in his favour in respect of a will dated 29-1-1970 (Ex. P. 1) executed by smt. Dhanwanti widow of Shri Ayodhya Prasad, resident of purani Shivpuri. The property bequeathed by the will in question is admittedly situated at shivpuri.

( 3. ) THE respondent opposed the grant of probate inter alia on the ground that the will set up by the appellant is not a genuine document.

( 4. ) THE learned Additional District Judge, after recording the evidence of the parties, held that execution of the will in question has been duly proved and that it is the last will of the testator Smt. Dhanwanti but has refused to grant probate holding that a Hindu need not be given a probate under will. Aggrieved by this refusal to grant probate, the appellant has preferred this appeal.

( 5. ) IN this appeal,