LAMBODHAR BORDOLOI Vs. NARENDRA NATH BORDOLOI

JUDGEMENT

(1.) This is an appeal filed by the Objector Lombodhar Bordoloi against the decree in the suit for probate in respect of a Will left by one Mrinalini Devi by the learned Additional District Judge, Kamrup, Guwahati in PTS No. 52 of 1990. An application for probate was filed under Section 276 of the Indian Succession Act for probate of the Will by five persons claiming themselves as the members of the Trust Board constituted by the testator to properly manage her property described in the Will.

(2.) The Will is dated 26.6.1980 and it is at page 18 of the paper book. Earlier to this Will the petitioner executed two Wills, but both of them were annulled. The first Will was executed on 24 9.1958 and it was annulled and the Second Will was executed on 18.11.1966 and that was annulled by this Will dated 26.6.1980. The property in the Will is the property given to late Mrinalini Davi by her father and acquired by her. Mrinalini Devi left the place of her husband long back as he married for the second time. The Will was written by one Bala Ram Hazarika, who at that time was an employee in the Registrar Office of the Assam Co-operative Society, Guwahati-I and the witnesses are (1) Shri Promode Chandra Bordoloi and Shri Ranendra Prasad Kakati, an Advocate. The lady died on 23.6.1989, that is after 9 years of the execution of the Will. An objection was filed by the step-son of the testator. He is the son through the second wife of the husband of the lady. The pleas taken up in the objection, inter-alia, are as follows : (i) The Will is a false one. (ii) The Will has been made by the petitioners to deprive the Jegitimate claim of the Objector.

(3.) Nowhere in the objection anything has been stated regarding the testamentary capacity of the testator to execute the Will.