The main legal point established in the judgment is that a Will must be proven to be validly executed and genuine, and the presence of pending suits regarding the deceased's properties does not necessarily bar the probate of the Will.

1. Appeal under Section 299 of the Indian Succession Act, 1925 is against the order dated 10.11.2014 passed by the learned Judge, District Council Court, Shillong, in Probate Case No.2 of 2011, where-under, petition seeking probate of the Will has been dismissed.

2. Appellants are sisters and brother of the deceased (L) Phelinda Swett. Deceased was serving as Registrar of MeSEB, Lumjingshai, Mawroh, Shillong. She has left behind the following debts, securities and other properties:-

“A.

(i) D.C.R.G. Rs.2,32,000/-

(ii) Leave Encashment for 170 Days at Rs.14,925/- plus D.A. of Rs.1,740/- Rs.95,569/-

(iii) Family Pension Rs.7,463/-

(iv) Pay for the month of Feb, 2003 Rs.12,999/-

(v) Pay for the Month of March, 2003 Rs.11,946/-

(vi) Pay for the month of April, 2003 Rs.15,249/-

Total Rs.3,75,225/-

(Rupees three lakh seventy five thousand two hundred twenty five) only.

B. House and land at Lumbasuk, Lawjynriew, Nongthymmai, Shillong-14. The land in which this House is standing is bounded as follows:-

NORTH Approach Road to Plot No.1 64ft.

EAST Land of the Owner S.L. Barua 82ft

SOUTH Land of the Owner S.L. Barua 45ft

WEST Lumpyngngad Road 75ft.”

3. The deceased (L) Phelinda Swett has executed a Will on 06.04.2003 at Ganesh Das Hospital where she was admitted for treatment.

4. Being ignorant about probating of Will appellant No.2 applied for grant of succession certificate regarding debts and securities. In addition filed a suit for declaration regarding the house and land as referred to above. Finally, appellants filed the petition before the District Council Court for probating the Will.

5. Respondent No.1-husband, respondent No.2 claiming to be adopted daughter and respondent No.3 another sister of (L) Phelinda Swett have filed the reply alleging therein:-

(a) that regarding debts and securities, S/C Misc. Case No.20 of 2003 (for grant of succession certificate) is pending before the Court of Judge, District Council Court, Shillong whereas, regarding land and house situated at Lumbasuk, Lawjynriew, Nongthymmai, Shillong, Title Suit No.12 of 2003 is pending before the P.O., S.D.C.C., Shillong;

(b) that the purported Will is a manufactured document prepared solely to grab the properties of the deceased. The signature appearing on the purported Will is not of the deceased; and

(c) It has also been projected that the petition is not maintainable, the appellants neither have locus standi nor cause of action, the petition is barred by the principles of estoppel, waiver, acquiescence and res judicata. Finally, have prayed for dismissal of the petition.

6. The learned Judge, District Council Court finding the parties at variance has framed initially as many as 10 issues and later on, three additional issues to be referred as Issue Nos.11, 12 and 13. The issues so framed are as under:-

“1. Whether the instant case is maintainable?

2. Whether the petitioners have locus standi to file the instant case?

3. Whether the petitioners have any cause of action to file the instant case?

4. Whether the instant case is barred by the principles of estoppel, waiver and acquiescence?

5. Whether the case is barred by the principles of res judicata?

6. When deceased (L) Ka Phelinda Swett expired?

7. Whether the properties left behind by the deceased in paragraph 2-A and 2-B of the petition are the subject matter of S/C Misc. Case No.20 of 2003 and T.S. No.12 of 2003 which are still pending for disposal?

8. Whether (L) Ka Phelinda Swett, left any Will in favour of the petitioners? If so, whether the same is a manufactured one?

9. Whether the opp. Party No.1 is the husband of the deceased? If so, whether any issue was born to them?

10. To what other relief (s) are the parties entitled to?

11. Whether the plaintiff/petitioners are entitled to grant of probate of Will dated 06.04.2003?

12. Whether the Will dated 06.04.2003 is the last will of Phelinda Swett which was duly made in presence of the witnesses therein?

13. Whether the plaintiff/petitioners are the beneficiaries of the WILL