ORDER

1. By way of instant misc. appeal under Order 43 rule 1 of CPC, appellants have challenged the order dated 23.11.2021 passed by 6th Additional District Judge, Bhind in Misc.Civil Case No.34 of 2016, whereby the application filed by appellants under section 276 of the Indian Succession Act for probate of ''Will'' in regard to movable and immovable properties of deceased Bitta Bai, has been rejected.

2. Necessary facts for disposal of present appeal, in short, are that as per averments of appellants, they are the nephews of deceased- Bitta Bai, who was a Teacher in Government High School, Kanawar and had passed away on 19.11.2008. Within a year of her marriage, Jahan Singh, husband of Bitta Bai, had also passed away and she was living in her birthplace Kanawar Village since she had no children, where she was posted as a Teacher and lived with their father - Munshi Singh, for the rest of her life and after death of their father Munshi Singh, she lived with them. It was further alleged that she had brought up them and they considered her as their aunt as well as mother and used to serve and flatter her. She had appointed them as nominees in the nomination form of all her FDRs, bank accounts, all the money received from School and in her old age, she had transferred all her movable and immovable property to them and executed a ''Will'', dated 21.5.2008 in their favour, which was duly registered by the Notary. It was further alleged that they are the sole heirs of their aunt- deceased Bitta Bai and they are entitled to receive gratuity, insurance fund and the amounts deposited in FDRs in official record as well as family pension. Therefore, they submitted application under section 276 of the Indian Succession Act, seeking probate of ''Will'' in regard to movable and immovable properties of deceased Bitta Bai.

3. Respondents Nos.1 to 6 filed their reply and denied the averments of appellants that deceased Bitta Bai was sister-in-law (bhavi) of respondent No.2 Brajraj Singh and elder sister-in-law of respondent No.7 Pushpa Devi and aunt (tai) of remaining respondents No.3 to 6. Bitta Bai had given the entire land of her husband's share in 1/2- 1/2 parts to respondent No.2 Brajraj Singh, Pushpa Devi and her sons during her lifetime. During her job, deceased Bitta Bai used to stay permanently in their house and work by residing in separate rented house. Deceased has neither brought up the appellants nor has executed any ''Will'' in favour of appellants. The ''Will'' presented by appellants is not signed by deceased herself, but by some other person because the signatures in the ''Will'' do not match with the signatures of deceased in the official records. It is further pleaded that the deceased has not appointed the appellants as her nominees. Appellants have got their names registered in the ''Will'' by means of collusion. The agricultural land of Jahan Singh, the husband of deceased, has been transferred to the names of respondents No.2 to 7 and they are the closest heirs of the deceased and therefore, they are entitled to receive her gratuity, insurance fund and the amounts deposited in the FDRs in the official records. The appellants have filed the application for probate of ''Will'' on baseless facts and, hence, prayed for its rejection.

4. On behalf of appellants, appellant- Naresh Singh examined himself as AW-1 and Bhikam Singh as AW-2 and Rambabu as AW-3 and in support of application, evidence/documents were produced before the Court below whereas, on behalf of respondents, Brajraj Singh examined himself as NAW1 and Kaptan Singh Tomar as NAW-2 and affidavit of Ramsahay under Order 18 rule 4 of CPC was filed.

5. The Court below framed issues first; as to whether deceased Bitta Bai had executed a ''Will'' dated 21st May, 2008 in favour of the appellants in regard to all movable and immovable properties of deceased Bitta Bai and secondly, as to whether the appellants are entitled to obtain a probate of ''Will'' or not ?

6. After he