IMPORTANT POINT
A void marriage does not confer inheritance rights, and the burden of proof lies on the party challenging the validity of a will.

JUDGMENT :

(Robin Phukan, J.) :

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

2. This appeal under Section 384 of the Indian Succession Act, 1925, is directed against the order dated 30.07.2014, passed by the learned Additional District Judge, Sonitpur, Tezpur, in Title Suit No. 34/2009. It is to be noted here that vide impugned judgment and order the learned Addl. District Judge, Sonitpur Tezpur, had granted Succession Certificate in favour of the respondent in this appeal in respect of the following dues of her deceased husband from the Oriental Insurance Co. Ltd.:-

3. The background facts, leading to filing of the present appeal, is 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. He died on 22.08.2006, at EMM Hospital, Tezpur. At the time of his death he left behind his wife Smti. Rina Das, his son Sri Uttam Das, his daughter Smti Rimpi Das and his anther son Sri Aditya Das. His conjugal life was not happy for which he seldom visited his native place at Biswanath Chariali and he used to stay at Tezpur where he was posted. In course of time he married the present appellant on 04.02.2004. Prior to the death of Golap Das, on 03.03.2004, he executed his last will and testament whereby he bequeathed his estate and effects thereupon, to the appellant. After the death of Golap Das, the respondent herein had applied for grant of Succession Certificate in respect of the debt and securities left by Golap Das. In the said case being T.S. No. 34/2009, the present appellant entered appearance after receiving notice and contested the said suit on the ground that Golap Das had executed his last will bequeathing his estates in favour of the appellant and that she has instituted a suit seeking grant of Letter of Administration in respect of said will.

Thereafter, hearing both the parties, the learned trial court had framed the following issues :-

1. Whether there is cause of action for the suit ?

2. Whether the suit is maintainable ?

3. Whether the opposite party is the legally married wife of the deceased Golap Das as per customary right ?

4. Whether the petitioner and her sons and daughters are only heirs of Late Golap Das and whether the plaintiff is entitled to get succession Certificate in respect of the debt and securities ?

5. To what other reliefs the parties are entitled to ?

Thereafter, hearing both the parties, the learned trial court had decreed the suit and allowed the petition vide impugned judgment and order dated 30.07.2014.

5. Being highly aggrieved and dissatisfied with the judgment and order dated 30.07.2014, passed by the learned Additional District Judge, Sonitpur, Tezpur in Title Suit No. 34/2009, the appellant has preferred this present appeal, on the following grounds :-

(i) That, the learned trial court had misread the provision of law and the materials on record;

(ii) That, the respondent in her pleadings and evidence had never disputed the signature of the testator of the will and she had also admitted that the deceased was residing with the appellant since last several years at Tezpur. And that legality of her marriage with Golap Das has nothing to do with the will and on s