SUMATI TALUKDAR Vs. DULUMANI TALUKDAR

JUDGEMENT

(1.) THIS appeal under Section 299 of the Indian Succession Act, 1925 (hereafter referred as the 'act') registers a challenge to the judgment and order dated 18. 7. 2006 passed by the learned Additional District Judge, Kamrup in P. T. S. Case No. 6/1993 rejecting an application under Section 276 of the Act filed by the present appellant praying for probate of the Will dated 2. 3. 1959 claimed to be executed by Late Pradip Kr. Talukdar.

(2.) I have heard Mr. M. Khataniar, learned counsel for the appellant and Mr. S. J. Sharma, learned counsel for the respondents.

(3.) THE respondent No. 1 in her written statement contended that the application was not maintainable as no Will in fact had been executed by her deceased husband and alleged that the document claimed to be the Will had been fabricated by the appellant in collusion with other members of the family to wrest the properties left by the deceased by denying her and her two minor daughters therefrom. She denied the accusation of subjecting her husband to cruelty or that their matrimonial association was not happy. She also denied the charge of leaving the nuptial home along with her daughters after quarrelling with the family members of the testator. She asserted that after the death of her husband she continued to reside in her in laws house, but after seven months was forcibly driven out therefrom and since then she has been residing at her paternal house at Hatigaon. While denying the charge of living with one Uttam Bhuyan and the alleged doubtful relationship with him, the answering respondent maintained that her husband was a habitual alcoholic and that his mental and physical condition was not sound.