This is an appeal under Section 299 of the Indian Succession Act, 1925 challenging the judgment dated 1.11.2003 passed by learned Ad hoc Additional District Judge No.3, Kamrup, Guwahati in Probate Testamentary Suit No. 11 of 2000. The learned trial court by that judgment granted probate in favour of the petitioner therein.

2. One Mahesh Kalita as executor filed application under Section 276 of the Indian Succession Act in the court of learned District Judge, Kamrup stating that the Will dated 15.6.1994 annexed to the application was the last Will and Testament of his mother Asman Bala Kalita who subsequently died on 9.1.1997. It is stated that the value of the property bequeathed by her was Rs.25,000/- and that the testatrix executed the Will in presence of a scribe and two attesting witnesses being in sound and disposing state of mind. The application was verified by one attesting witness, namely, Biswajit Sharma. On being summoned three other sons of testatrix appeared and submitted written statement contesting the claim. Those three sons, namely, Kalikanta Kalita, Harish Kalita and Mahesh Kalita submitted a joint written statement. According to them, the Will was fraudu