IMPORTANT POINT
The court reaffirmed that a will must be executed in compliance with statutory requirements, and any suspicion regarding its validity must be adequately addressed by the propounder.

JUDGMENT :

(Robin Phukan, J.) :

Heard Mr. P. Upadhyay, learned counsel for the appellants and Mr. A. Ikbal, learned counsel for the respondents.

2. This appeal, under Section 299 of the Indian Succession Act, 1925, is directed against the judgment and order, dated 27.06.2017, passed by the learned Additional District Judge, Barpeta, in Title Suit (P) Case No. 2/2016.

3. It is to be noted here that vide impugned judgment and order, dated 27.06.2017, the learned Additional District Judge, Barpeta (‘trial Court’, for short) has dismissed the application filed by the appellants for grant of Letter of Administration in respect of the will executed by deceased Phulobala Das, on 01.07.2012, in favour of the appellants.

4. The background facts, leading to filing of the present appeal, are briefly stated as under:

“The appellants and the respondents are all residents of village Karertal, under Barpeta P.S., in the Barpeta district and are the relatives of the deceased Phulobala Das, who died on 05.07.2012, on account of her illness. During her lifetime, she lived with the appellants for last 20 years and the appellants took all the necessary care and nursing till her death. The appellant No. 1 is the daughter-in-law and other appellants are grand-daughters of deceased Phulobala Das. During her lifetime, Late Phulobala Das executed a will on 01.07.2012, in favour of the appellants in presence of witnesses with her full knowledge and consent without being influenced by anybody. In the said will, Late Phulobala Das bequeathed the landed properties owned and possessed by her mentioned in the schedule of the plaint, in favour of the appellants without any force or coercion while she was in sound state of health and mind. Late Phulobala Das had three sons, namely, Late Mantu Das, Late Jitu Das @ Bimal Das and Sri Manmohan Das. Jitu Das @ Bimal Das died unmarried and the present respondents/opposite parties are wife and daughters of Late Mantu Das.

After the death of Late Phulobala Das, the appellants filed a suit, being Title Suit (P) Case No. 2/2016, before the Court of learned District Judge, Barpeta, for granting letter of administration in respect of the will by annexing the will with the plaint as Annexure-1. Upon the said plaint, the District Judge, Barpeta registered the case, being Title Suit (P) Case No. 2/2016, and thereafter, made over the same to the Court of learned Additional District Judge, Barpeta. Thereafter, the learned Additional District Judge, Barpeta issued notice to the respondents, on receipt of which the respondents entered appearance before the learned trial Court and filed their written objection stating that there was no cause of action and it was also denied that during the lifetime of Late Phulobala Das, she had executed a will on 01.07.2012, in favour of the appellants in presence of witnesses with her sound body and mind without the influence of anybody in respect of the properties mentioned in the schedule of the will, and that the same is false, concocted and misleading, and that during the lifetime, Late Phulobala Das never made any gift or transfer of other properties except the will, is also false and misleading and the fact is that the respondents are daughter-in-law and grandchild of Late Phulobala Das and they are also legal heirs of Late Phulobala Das and during her lifetime, Late Phulobala Das executed Title Suit No. 33/1983, against the defendants Surja Das and others, in respect of properties mentioned in the schedule of the plaint, but the Court was pleased to dismiss the suit on contest. However, on appeal, the learned Civil Judge, Barpeta decreed the suit in favour of Late Phulobala Das. Thereafter, Surja Das and others preferred a second appeal before this Court and the said appeal was dismissed by this Court. But, due to her illness, Late Phulobala Das could not initiate the execution proceeding and ultimately, she died on 05.07.2012, leaving behind her son Sri Manmohan Das, on the death of Man