IMPORTANT POINT
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.

JUDGMENT :

Heard Mr. B. Chakravarty, learned counsel for the appellant and Mr. M. Choudhury, learned counsel for the respondent.

2. This appeal, under Section 299 of the Indian Succession Act, 1925 is directed against the judgment and order dated 30.07.2014, passed by the learned Additional District Judge, Sonitpur, Tezpur in Title Suit No. 47/2007.

3. It is to be noted here that vide impugned judgment and order dated 30.07.2014, the learned Additional District Judge, Sonitpur, Tezpur has dismissed the suit, being Title Suit No. 47/2007, filed by the petitioner for granting of Letter of Administration on the last will of deceased Golap Das.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“Golap Das, since deceased, was a permanent resident of Bamgaon, Biswanath Chariali of the then Sonitpur district. He was serving as Development Officer at the Oriental Insurance Company Limited at Tezpur Branch. He died on 22.08.2006, at EMM Hospital, Tezpur. At the time of his death he left behind his wife Smti. Rina Das, son Sri Uttam Das, daughter Smti. Rimpi Das and another son namely, Sri Aditya Das. Prior to his death, on 03.03.2004, Golap Das, had executed his last will and testament whereby he bequeathed his estate and effect thereupon as indicated in the same. The will was executed by the deceased in the presence of attesting witnesses, who had put their signatures on the same.

After the death of Golap Das, the present appellant had filed an application before the learned trial court for grant of Letters of Administration of the said will, in her favour, under Section 276 of the Indian Succession Act. Thereafter, the opposite parties, namely, Smti Rina Das, Sri Uttam Das, Smti Rimpi Das and Sri Aditya Das had filed a joint written statement whereby they had stated that Smti Rina Das is the legally married wife of the deceased Golap Das since long as per Hindu Marriage Act and other parties are legitimate sons and daughter of the deceased and during the lifetime of Rina Das, the deceased cannot marry any other women and the appellant not being the legally married wife could not claim to be the ‘wife’ of deceased Golap Das and on such count, the application for issuing letters of administration is not maintainable.

The opposite parties/respondents also stated that the petitioner/appellant had filed another proceeding, being Misc. (S/C) Case No. 13/2007 for grant of Succession Certificate in respect of the debts and securities of the deceased Golap Das, wherein the appellant had stated that she got married to Golap Das on 04.02.2004, and the same was during the lifetime of legally married wife of the deceased Smti. Rina Das, and under the Hindu Marriage Act, 1955, performance of such marriage is not legally valid. Further, the respondents had denied of execution of any will or testament on 03.03.2004, in favour of the appellant bequeathing any of his debts and securities, estates and effects by Late Golap Das.

Thereafter, considering the pleadings and hearing both sides, the learned trial court had framed the following issues :-

1. Whether the petition for grant of Letters of Administration with the purported WILL annexed is maintainable ?

2. Whether petitioner Smti. Gitanjali Das is the legally married wife of the deceased Golap Das ?

3. Whether the petitioner is a lawful heir of the deceased Golap Das ?

4. Whether the deceased Golap Das lawfully executed any last WILL dated 03.03.04 bequeathing his estates to the petitioner ?

5. Whether the purported WILL dated 03.03.04 is sham, forged, fraudulent, and inoperative and unconsciousable ?

6. Whether the purported WILL has made in serious circumstances with coercion and undue influence while Golap Das was leading adulterous life with the petitioner?

7. Whether the petitioner is entitled to the grant of Letters of Administration with any WILL annexed in respect of all the estates of the deceased?

Thereafter, hearing both the parties, the le