I.A. Ansari, J.

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.

FACTUAL BACKGROUND

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 behin