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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUNIL DUTTA MISHRA
Saurabh Kumar Son of Upendra Kumar Shahi – Appellant
Versus
Gayatri Devi, Wife of Sri Niranjan Singh – Respondent
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| 1. (Para 2 , 3 , 4 , 5 , 8 , 9 , 10 , 11 , 12 , 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
Sunil Dutta Mishra, J.
Heard both the parties.
2. This Miscellaneous appeal has been filed under Section 299 of The Indian SUCCESSION ACT , 1925 for setting aside the judgment/order dated 20.08.2016 passed by learned District Judge, Gaya in Probate Case No. 56 of 2015 wherein he has dismissed the application of the appellants/applicants for grant of probate.
3. The case of appellants/applicants’ in brief is that Dr. Ramchandra Prasad Singh (the testator), son of late Bhagirath Prasad Singh, was an eminent doctor who settled in London, U.K., in 1965 and resided there till his death on 24.11.2014. His wife predeceased him, and he left behind only one married daughter namely Gayatri Devi (respondent/opposite party), settled at her matrimonial home in Village Mahmatpur, District Nawada. Out of his personal income, the testator purchased the Schedule-1 property by a registered sale deed dated 29.03.1972 from Bibi Rabiya Khatoon and constructed a house thereon. He was the full brother of late Babu Ramanuj Singh, grandfather of the appellants/applicants. The appel
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 prove its validity by showing due execution and testamentary capacity, with the burden of proof shifting if suspicious circumstances arise.
The proof of an unregistered WILL must dispel all suspicious circumstances surrounding its execution; failure to do so results in denial of probate.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The central legal point established in the judgment is the scrutiny of Will execution, consideration of suspicious circumstances, and the burden of proof on the propounder.
The central legal point established in the judgment is the significance of complying with the formalities for the execution and attestation of Wills, as mandated by the Indian Succession Act. The cou....
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.
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