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MILIND N. JADHAV
Shonali Kedar Dighe – Appellant
Versus
Ashita Tham – Respondent
JUDGMENT :
1. What is before me is adjudication of Testamentary Suit No. 14 of 2004 originally filed as Testamentary Petition No. 80 of 2004. Petition was originally filed by one Mr. Vasant Sardal (executor of the Will) of Bipin Gupta (the deceased - testator). There is a history to the proceedings which I will briefly touch upon in the facts narrated hereinafter. Suffice to mention that by order dated 03.05.2018, Mr. Vasant Sardal was removed as executor by this Court and in his place Mr. Ketan Trivedi, an Officer of this Court was appointed as Administrator to represent the interest of testator Mr. Bipin Gupta’s estate. By order dated 16.06.2022, Mr. Ketan Trivedi was replaced by another Officer of this Court i.e. Ms. Kanchan Rane as Administrator and by subsequent order dated 22.06.2023, pursuant to superannuation/retirement of Ms. Kanchan Rane, she was replaced by Ms. Shonali K. Dighe, officer of this Court as Administrator. Hence, Plaintiff before me is the Administrator appointed by this Court to prosecute the case for seeking probate of the last Will of the deceased. By order
The court concluded that the alleged Will of Bipin Gupta was not validly executed due to significant discrepancies and lack of credible evidence, leading to its dismissal.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
The central legal point established in the judgment is the application of Section 63 of the Indian Succession Act, 1925 to establish the due execution of a Will, considering evidence of witnesses, me....
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
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