BISWAJIT DHAR Vs. CHINU RANI DHAR

JUDGEMENT

(1.) This appeal, made under Section 299 of the Indian Succession Act, 1925, puts to challenge the judgment and order, dated 15.9.2005, passed, in Title Suit (Probate) No. 6 of 2003, whereby the learned Additional (Ad hoc) District Judge, Hojai, Sankardev Nagar, while holding the Respondent herein entitled to receive probate in respect of the Will left by the testator, Manik Lal Dhar, directed issuance of a probate in her favour.

(2.) I have heard Mr. G.C. Phukan, learned Counsel for the Appellants, and Mr. N.C. Choudhury, learned Counsel for the sole Respondent.

(3.) The Respondent herein, namely, Chinu Rani Dhar, filed an application, under Section 276 of the Indian Succession Act, 1925, seeking grant of a probate in respect of the Will claimed to have been executed by Maniklal Dhar in her favour, her case being, in brief, thus: Late Manik Lal Dhar was a Railway employee. He had three major sons, who are the Appellants herein, from his first wife, Late Sandhya Rani Dhar, who pre-de-ceased Manik Lal Dhar. In course of time, Late Manik Lal Dhar married the Respondent Chinu Rani Dhar. At the time of his death on 4.01.2002, Late Manik Lal Dhar left behind not only Chinu Rani Dhar, but also two daughters and a son out of his conjugal relationship with Chinu Rani Dhar. Late Manik Lal Dhar had executed a Will on 28.6.1999, i.e. about 2 ? years before his death. The said Will was registered, whereby he bequeathed all his properties including his pension, gratuity, GPF, other benefits and the money, lying deposited in his name, in favour of Chinu Rani Dhar. The Will did not mention any immovable property having been left by Late Manik Lal Dhar in favour of the Respondent, Chinu Rani Dhar. After the death of the testator, Manik Lal Dhar, the Respondent herein, i.e. Chinu Rani Dhar, filed an application, as indicated above, under Section 276 of the Indian Succession Act, 1925, which came to be registered as Misc. (Probate) Case No. 189/2002. After issuance of notice, the present Appellants, who are sons of the testator, Manik Lal Dhar, from his wife, Late Sandhya Rani Dhar, appeared in the said proceeding and filed their objection challenging the validity of the Will on the ground that the said Will was a forged one. This contested proceeding of probate came to be, then, registered as Title Suit (Probate) No. 6 of 2003.