P.K. Musahary, J.

1. Heard Mr. B. D. Deka, learned counsel for the appellant(s) and also heard Mr. N. Hoque, learned counsel for the sole respondent/opp. Party.

2. The present appellants are the legal heirs of Late Ram Sundar Prasad Verma, who filed an application before the learned District Judge at Dibrugarh under Section 276 of the Indian Succession Act, 1925 for granting probate to the estate of Late Jugal Kishore Verma, which was made over to Addl. District & SessionsJudge, Dibrugarh and registered as T. S. (P) No. 32 of 1998 for disposal. The sole respondent being the wife of the deceased Jugal Kishore Verma contested the said proceeding by filing objection/written statement and the said suit was dismissed on contest with cost of Rs. 20, 000/- vide judgment and order dated 09.07.2001, which is now under challenge in the present appeal.

3. To appreciate the real question involved in the case, the relevant facts need to be narrated. The appellant/petitioner's son Jugal Kishore Verma, who was a contractor by profession died on 19.09.1995 at the age of 32 years leaving behind his wife (sole respondent), present appellants and other brothers and sisters. He married respondent on 01.07.1994. He executed a Will on 31.07.1995 in favour of his father, present appellant (since deceased) during his life time. As per the aforesaid Will, the testator distributed his properties as under:-

1. Sri Ram Sundar Pd. Verma 10% of the total amount

2. Smt. Sarada Devi Verma 15%"

3. Smt. Mani Devi Verma 15%"

4. Sri. Ashok Kr. Verma 10% "

5. Sri. Manoj Kr. Verma 10%"

6. Sri. Anil Kr. Verma 10%"

7. Sri Satya Prakash Verma 10%"

8. Miss. Puspa Verma 10%"

9. Miss Sunita Verma 10%"

The amount of assets likely to come of the deceased is Rs. 11,28,524.00 approximately.

4. As stated earlier, the sole respondent as the legal wife of the deceased (testator) filed written statement and pleaded that the case is not maintainable, the appellant (s) has no right to file the probate petition, the alleged Will is false and fabricated inasmuch as the signature on it is not the signature of her husband, the Will is void for uncertainty and it was not executed by her husband Jugal Kishore Verma and there is no provision in law for making any affidavit in support of distribution of the properties to the legatees and as such, it has no testamentary value. In the written statement, the respondent/opp. Party alleged that some time after her marriage with late Jugal Kishore Verma, she was subjected to immense physical and mental torture by her in-laws demanding dowry and made her life most miserable. Her husband used to protest it and ultimately, he not being able to tolerate such inhuman treatment, committed suicide and thereafter the act of torture on her person accelerated beyond limit. She also alleged that acid was thrown on her person making her life almost invalid and as such, the execution of the Will is shrouded by suspicious, unnatural and unbelievable circumstances, more particularly, the manner in which the properties were distributed even amongst the persons other than legal heirs giving an insufficient part of testator's properties to her as a legal wife.

5. Based on the pleadings of the parties, the learned trial Court framed the following issues:-

(1) Whether the position for probate of the Will is maintainable ?

(2) Whether the Will of Late Jugal Kishore Verma is false and fabricated and, whether the same was made freely, voluntarily without any inducement, coercion, undue influence, threat and intimidation ?

(3) Whether the petitioner is entitled to get probate of the Will?

6. In order to establish his case, the appellant examined three witnesses including himself. The appellant examined himself as PW 1. In his deposition, he stated that his son Jugal Kishore Verma died on 19.09.1995 in the Assam Medical College Hospital, Dibrugarh and at that time, he was aged 32 years. He was a contractor in the E & D Department and he had some pending bills to be paid by the D