Debangsu Basak, J. - (1.) AN application for grant of probate of a Will was opposed and was marked as a contentious cause. Joint executors named in the last Will and testament of Anil Kumar Roy since deceased applied for the grant of the Will of the said deceased.
(2.) THE applicants claim that the deceased left behind his Will and last testament dated April 20, 1980. The deceased died seized and possessed of movable and immovable properties described in Schedule A in the affidavit of the joint executors. One of the attesting witnesses has filed an affidavit stating that, the original Will annexed to the application of the joint executors is the Will of the deceased and that such will was signed in presence of the two attesting witnesses and that the attesting witnesses set and subscribed their respective signatures in the presence of the deceased and each other. The attesting witnesses also stated that the testator was of sound mind and made the said Will of his free consent and volition. One of the daughters of the testator is opposing the grant of the probate of the Will of the testator. According to her, the deceased, her father, had deep love and affection for her and her husband. In fact, the family of her in laws was well -known to her family prior to her marriage. According to her, it was the desire of the father that her husband should marry one of the daughters of the deceased. Sisters elder to her did not marry her husband and, therefore, she was given in marriage to her husband. Subsequent to her marriage she and her husband had extremely cordial relationship with the deceased. It is at the machinations of the youngest sister that ill feelings was sought to be generated between her husband and her father. She narrates diverse incidents taking place in her family with regard thereto. She claims that the Will of the father does not contain the wish of her deceased father and that the alleged Will is not the product of the free will of deceased father and is unnatural. She claims that the alleged Will is a suspicious document and it did not appear to be signed by her father of his own free will.
(3.) THREE issues were settled by the Order dated February 19, 2013. The settled issues are as follows: - "1. Does this Hon'ble Court have the jurisdiction to receive, try and determine the instant Testamentary Suit? 2. Was the Will dated April 20, 1980 executed and published by Dr. Anil Kumar Roy (Deceased)? 3. Is the Will dated April 20, 1980 executed by the testator vitiated by any illegality as alleged in paragraph 6 of the Affidavit in support of Caveat of the defendant -;