Saral Srivastava, J. - (1.) Heard learned counsel for the parties.
(2.) The present appeal is directed against the judgement and order dated 24.05.2010 passed by the Additional District Judge, Court No.1, Meerut whereby, the court below has dismissed the application of appellants under Section 247 of Indian Succession Act, 1925 (hereinafter referred to as the "Act, 1925") registered as Misc. Case No. 70 of 2007 in Probate Misc. Case No. 229 of 1974.
(3.) The brief facts as borne out from the records are that one Kanti Prasad was doing transport business in Meerut. He died on 29th August, 1974. Smt. Vimla Devi,respondent no.1 (hereinafter referred to as 'respondent no.1') wife of sister's son of deceased Kanti Prasad filed a petition under Section 299 of the Act, 1925 numbered as Misc. Case No. 229 of 1974 for grant of probate of will dated 29.08.1974 before the Additional District Judge, Court No.1, Meerut which is said to have been executed by deceased Kanti Prasad in favour of respondent No.1 with respect of the whole property detailed in Annexure 1 at the end of the probate petition.;