GUNESHWAR CHUTIA Vs. HAREN CHUTIA AND OTHERS

JUDGEMENT

(1.) THIS appeal by Guneshwar Chutia is directed against the judgment dated 17 -5 -1971 of the District judge, U. A. p., Jorhat. by which he dismissed the appellant's petition for grant of probate in respect of will Ext. 1, dated 4 -3 -1956, alleged to have been executed by his mother Srimati Maniki Chutiani. The prayer for probate was resisted by Srimati Kanful Chutia, a daughter -in -law of the testatrix, and her two sons. Haren Chutia and Bhuban Chutia. Srimati Maniki was the widow of Roseswar Chutia who left as his heirs, besides his widow, two sons Guneswar Chutia, the present appellant, and Ratneswar Chutia. This Ratneswar had predeceased his mother Srimati Maniki and was survived by his widow Kanful and the two sons Haren and Bhuban. The defence set up by the heirs of Ratneswar was that Srimati Maniki had not executed any will nor she had the sanction of law to make a will in respect of the property allegedly bequeathed by her. It was also alleged that Guneswar had exercised undue influence on his mother, who was living with him in the matter of procuring the will, and as such the document propounded by him (Guneswar) cannot operate as a will and the last testament of Srimati Maniki. Another objection raised by the widow and the sons of Ratneswar was that Srimati Maniki had only life interest in the property mentioned in the will and so could not have disposed of that property by a will in face of Section 14 (2) of the Hindu Succession Act, 1956, hereinafter called the Act.

(2.) THE District Judge settled the following issues between the parties:

(3.) WHETHER the petitioner is entitled to get probate of the will ?