V. Kameswar Rao, J. - (1.) Cm No. 4035/2019 For the reasons stated in the application, the same is allowed and the delay of 56 days in filing the appeal stands condoned. Exemption allowed, subject to all just exceptions. Application stands disposed of. CM No. 4034/2019 (for condonation of 56 days delay in filing the appeal) For the reasons stated in the application, the same is allowed and the delay of 56 days in filing the appeal stands condoned. Application stands disposed of. This appeal has been filed by the appellants challenging the order of the learned Single Judge dated September 04, 2018 passed in Test. Case No. 95/2014 whereby the learned Single Judge has dismissed a petition filed under Section 276 of the Indian Succession Act, 1925 in respect of Will dated February 19, 2009.
(2.) The appellants herein are the brothers of the deceased Late Bishan Chand Aggarwal and claimed to be the executors of the said Will. It is their case that as per the Will, the deceased has bequeathed 40% of his share to one of his brothers Dinesh Aggarwal and 15% each to his other brothers Mukesh Kumar Aggarwal, Rakesh Kumar Aggarwal, Umesh Aggarwal and Amit Aggarwal in the property bearing No.G-92, Preet Nagar Cooperative Housing Building Society, Colony knows as Preet Vihar, Delhi-92. The Will is stated to have been registered on February 19, 2009 and is stated to have been witnessed by Mahesh Chand Jain and Chandra Prakash Srivastava.
(3.) Respondent No.1 is the State, respondents No.2 to 6 are the wife, two sons and two daughters of the deceased, who have filed objections to the grant of probate. The learned Single Judge framed the following issues:- (i) Whether the Will propounded by the petitioner dated 19.2.2009 is the last validly executed Will of late Shri Bishan Chand Aggarwal in his sound disposing mind? OPP. (ii) Whether the Will has not been attested by two witnesses as mandatorily required in law? If so, whether the alleged Will can be acted upon? (iii) Whether late Shri Bishan Chand Aggarwal as not competent and empowered to execute the Will, as alleged in the objection petition? OPR. (iv) Relief;