1. Present is an appeal under S.299 of the Indian Succession Act , 1925 (hereinafter referred to as 'the Act') wherein challenge has been made to the judgment dated 23.11.2009 passed by the ld. Addl. District Judge in Probate Case no. 465/2006 whereby the probate petition filed by the appellant has been dismissed.

2. Briefly the facts relevant for disposal of the present appeal are as under : -
Appellant had filed a probate petition for the grant of probate of Will dated 20.5.2003 alleged to have been executed by her mother, Smt. Amarjeet Mamik w/o late Shri D.S. Mamik, in respect of property no. D - 179, Defence Colony, New Delhi excluding its ground floor. The mother of parties i.e. appellant and respondents No. 2 and 3 had died on 21.5.2006. The appellant is the executor named and one of the beneficiaries in the said Will. It was alleged that the Will dated 20.5.2003 was executed by her mother in the presence of two witnesses, namely, Major General Manjit Ahluwalia r/o D - 34, Defence Colony, New Delhi and Sh. Urvinder S. Kohli r/o 227, Jor Bagh, New Delhi. It was further alleged that her father was the owner of the aforesaid property constructed on a plot of land measuring 325