Shri Ghan Shyam Das Soni S/o Late Badri Prasad Soni, (the deceased) resident of House No. 650, Malviya Nagar, Allahabad died in a car accident at Mohan Lal Ganj, Lucknow on 10-2-2004 leaving behind his widow Smt. Sarswati Soni @ Anuradha at Kasba Kishanpur District Fatehpur. The deceased did not have any issue.

2. Shri Satish Kumar Soni son of Kundan Lal Soni and nephew of the deceased, filed Testamentary Case No. 11 of 2004 for grant of letters of Administration, of the property of the deceased mentioned in Schedule 1 on the basis of an Alleged will dated 24- 1-2004, which was shown to the plaintiff Shri Satish Kumar Soni as the last will of the deceased. It is alleged that the original will was lost from the chamber of Shri K. B. Srivastava, Advocate on 24-5-2004 when the earlier Testamentary Case No. 6 of 2004 filed by the plaintiff was dismissed with liberty to file a fresh testamentary petition.

3. It is alleged in the application, which was converted into Testamentary Suit No. 11 of 2005 after Smt. Sarswati Soni, the widow put in the contest, that the will dated 24-1-2004 was duly executed by the deceased in the presence of two marginal witnesses namely Shri Ratan Kumar Verma and Shri Amitabh Verma, who signed in the presence of each other and in the presence of the deceased, the contents of which were read over and understood by him through out. The property given in the schedule includes house No. 659, Malviya Nagar, Allahabad, GPF and other benefits, life insurance policies (three in numbers) ICICI Tax Saving Bond and saving bank account totaling Rs. 15,14,640/ -.

4. In her objections and in her own plaint in Testamentary Suit No. 12 of 2005 the widow Smt. Sarswati Soni @ Anuradha claiming letters of Administration, as the widow and only surviving Schedule I heir under the Hindu Succession Act, 1956 alleges that her husband was not pleased with her on account of the fact that no issue was born to them. The deceased did not execute any will in favour of any person. The execution of the will dated 24-1- 2004 is denied. It was not signed by the executor or the witnesses. When she applied for mutation in respect of House No. 659, Malviya Nagar, Allahabad, she came to know that a forged will has been set up, on which enquiries were made and a complaint was lodged with Additional District Magistrate (Revenue and Finance), Allahabad about the purchase of stamp papers of Rs. 10/- each from Shri Dakkhi Lal Jaiswal, Stamp Vendor on which it was found that stamps were purchased in connivance with the stamp vendor to prepare the forged will. The brothers and nephews of her deceased husband are involved in a conspiracy to grab his properties.

5. An interim order was passed on 10-8-2004 granting injunction in Testamentary Case No. 20 of 2004 in favour of widow. These orders have operated throughout the pendency of the case.

6. The suits were connected and following issues were struck between the parties on 19-12-2005:

(1) Does the plaintiff Shri Satish Kumar Soni prove the Will dated 24-1-2004 executed by late Ghanshyam Das Soni to be a validly executed Will?

(2) Does the Will dated 24-1-2004 was executed by late Ghanshyam Das Soni in favour of Shri Satish Kumar Soni in his free will and disposing mind?

(3) Whether Smt. Sarswati Soni @ Anuradha is widow of late Ghanshyam Das Soni and is entitled to letters of Administration?

(4) Whether original Will was actually lost by the Counsel for the applicant?"

7. Both the parties filed their documents and led oral evidence. Shri Satish Kumar Soni, the plaintiff in suit No. 11 of 2005 examined himself as PW-1, Shri Ratan Kumar Verma, the attesting witness as PW-2, Shri Amitabh Verma, the other attesting witness as PW-3, Shri Hari Mohan Swarnkar, a person known to the deceased as PW-4. Smt. Sarswati Soni, the plaintiff in T. S. No. 11 of 2005 examined herself as DW-1 and her brother Shri Ram Chandra Verma as DW-2.

Issue Nos. 1 and 2 8. The due execution attestation and free and d