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ARUN KUMAR JHA
In the Matter of an Estate ofLate Smt. Vishnu Priya – Appellant
Versus
. – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the applicant.
2. This application has been filed under Sections 276 read with Section 300 of the Indian Succession Act by the applicant for grant of Probate of the Will dated 11.02.2009 executed by one Smt. Vishnu Priya. The Will has been executed in favour of the applicant namely, Saurabh Prateek, son of Sri Mukul Prasad whereby father of applicant, Sri Mukul Prasad has been appointed executor and trustee of the aforesaid Will dated 11.02.2009.
3. It has been submitted on behalf of the applicant that late Smt. Vishnu Priya executed the Will dated 11.02.2009 voluntarily in good physical health and sound state of mind, after understanding the contents of the Will, without any undue influence or coercion of anybody, in presence of two attesting witnesses, namely, (i) Chitranjan Kumar Verma (AW-1), Son of late Lala Satish Chandra Verma, resident of East Patel NagarNagar, Road No. 2, P.S.-Shashtri Nagar, Patna and (ii) Mukul Prasad (AW-2), Son of late Sachchidanand Prasad, resident of Mohalla- LIC Colony, Shivpuri, P.S.-Shashtri Nagar, District-Patna. It has further been submitted that the testatrix, late Smt. Vishnu Priya, was a Hindu govern
Proof of a Will does not require strict evidence of death; credible testimony and circumstantial evidence can suffice to establish validity and execution, emphasizing substantial justice in probate p....
The propounder of a Will must satisfactorily prove its execution, whereupon the burden of proving any allegations of fraud or coercion shifts to the objectors. Minor gaps in testimony do not undermin....
Probate of a Will requires strict compliance with statutory formalities, including attestation by witnesses; failure to provide adequate proof leads to dismissal of the application.
The court confirmed that minor discrepancies in the execution of a Will do not invalidate it, provided the Will is duly attested and the testatrix was of sound mind.
The court found that the application for probate was barred by limitation, and the alleged Will was not duly executed, failing to meet statutory requirements.
The need to remove all legitimate suspicions before a document can be accepted as the last will of the testator.
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