ORDER IN APPEAL:

1. By way of this appeal, the present appellant has challenged the judgment and order passed by the learned Principal Senior Civil Judge, Limbadi allowing Civil Misc. Application No. 8 of 2015 granting probate in favour of the original applicant and the judgment and order passed by the first appellate Court in Regular Civil Appeal No. 16 of 2016 confirming the judgment and order passed by the Principal Senior Civil Judge, Limbadi dated 05.05.2018.

2. As there is concurrent findings of the trial Court as well as first appellate Court with detailed reasons, with the consent of learned advocate for the appellant, this matter is taken up for final hearing. The learned advocate has placed the paper book on record.

3. Brief facts of the present case may be referred as under :

The original applicant preferred an application for granting probate on the basis of the Will executed by deceased Bhanbhai Nanbhai Kathi Darbar, husband of the applicant. As per the averments made by the applicant in her application, deceased Bhanbhai Nanbhai Kathi Darbar was her husband and on account of her marriage with the deceased, she had a daughter namely Hemubaben. Her husband was expired on 8th November 1989 at village Dhajala and she herself and her daughter were the legal heirs of the deceased. As per the averments made by her, her husband had executed one registered Will dated 9th March 1989, which was registered with the office of the Sub Registrar at Muli vide Sr. No. 154 and such Will was voluntarily executed by her husband and two witnesses namely Mahendrasinh Mepabhai and Sahdevsinh Jorubhai Parmar witnessed the said Will. Shri Natvarlal L. Dagli, advocate of Sayala had identified the executor on the very same day. That, her husband was previously married with Aaybaben Merambhai of village Loyana and during their wedlock, they had one son and one daughter. But, she had deserted her husband before twenty years and was staying separately at her parental home. With the consent of his first wife, her husband got married with the applicant. That, some property situated in the sim of village Nagdaka, field admeasuring 50 Bigha and huge portion in the immovable property of village Dhajala as well as agricultural land of survey no. 63 paiki admeasuring acre 6-33 guntha known as Khakharaat village Dhajala and one big house known as Thakar temple and entire income of the said temple was given to the first wife of her husband namely Aaybaben and her son Ramkubhai by her husband. That, all the properties were purchased from the independent income of her husband and he was entitled to manage the property by his own way. As per the Will executed by her husband, applicant received all the properties on the basis of the Will. Descriptions of the property, which was given by her husband was mentioned in para 5-A, 5-B and 5-C of the application. That, she was in possession of the property and was staying along with her daughter. She requested to granted the probate of the property as prayed for.

4. A public notice was issued by the Court. Written objections were raised by Shri Ramkubhai. Shri Ramkubhai Bhanbhai objected for granting probate as prayed by the applicant stating that he was the son of first wife of the deceased. That, no divorce was taken from the first wife of the deceased and no consent was granted to marry with the present applicant with deceased Bhanbhai. That, no marriage of deceased Bhanbhai was solemnized. That, as the first wife was alive, as per the law, no status would be availed to any woman as second wife. That, the daughter and son is the legal heirs of the deceased Bhanbhai. That, certain property ie., agricultural field known as Khijadavalu Khetar situated at Dhajala sim bearing survey no. 17 admeasuring acre 6-37 guntha and agricultural land of survey no. 10 admeasuring acre 19-35 guntha situated at village Karadi sim, were purchased by deed dated 25th February 1966 from the income of the temple. That, one another