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20. It is not denied that Shri Suhail Siddiqui is son of Shri Zuhair Siddiqui, the brother of Muslim Siddiqui. He is real nephew of the deceased living in Pakistan. Under the muslim personal law he is an heir of the deceased. Shri Suhail Siddiqui as such had right to contest the suit, Issue No. 5 is decided in favour of Suhail Siddiqui and against the plaintiff in both the testamentary suits.

21. Section 7 of the Administrator General Act, 1963 entitles the Administrator General to letters of administration unless they are granted to the next of kin of the deceased. "He is entitled to claim letters in preference to creditors, certain legatees or friends. These legatees are the legatees other than universal legatees or residuary legatee or the representative of residuary legatee. He may also apply for letters of administration under Section 9 where no person to whom any court would have jurisdiction to commit administration for such assets within one month after the death of the deceased and there is any apprehension of misappropriation, deterioration or waste of assets. In the present case the nephew of the deceased is party to the proceedings and is contesting the will dated 17.8.1995 alleged to be executed by the deceased in favour of Bhai Lal Shukla. The Administrator General as such will be entitled to claim letters only if Suhail Siddiqui docs not succeed in proving succession.