A will is valid if the testator has mental capacity, free will, and executes the will in the presence of two or more attesting witnesses.

( 1 ) THE suit is a contentious cause. A caveat was entered on behalf of one Sm. Mira Das to the application for probate of the Will of one Bhupendra Nath Chandra dated 5th November, 1967 by the three executors named in the will. The testator, Bhupendra Nath Chandra died after about 10 years on 6th October, 1977.

( 2 ) THE facts are that, the deceased Bhupendra Nath Chandra left properties both moveable and immoveable within and outside the jurisdiction of this Court and died surviving him the widow, three sons and five daughters. AH the daughters were married to well-to-do persons, the particulars are set out in paragraph 5 of the petition. A copy of the Will has been annexed to the said petition and marked with the letter "a". A caveat was entered to the said application for grant of probate by Sm. Mira Das, the youngest daughter of Bhupendra Nath Chandra. Sm. Latika Nag, the eldest daughter of the testator supported the caveat she filed affidavit in support thereof jointly with the caveatrix affirmed on 21st June, 1978.

( 3 ) THE following Issues were raised and settled in Court:--ISSUES:1. Did the testator have mental capacity at the time of execution of such Will ? 2. Was the alleged Will made by the testator out of his free will ? 3. Was the alleged will signed by the testator ?

( 4 ) ARE the plaintiffs entitled to grant of probate of the will of Bhupendra Nath Chandra, deceased? 4. Mrs. Ruma Paul appeared for the Pro-pounders, the three executors named in the Will, Mr. A. C. Kar appeared for the caveatrix, Sm. Mira Das.

( 5 ) BHUPENDRA Nath Chandra was a retired Headmaster of a High School at Jabal-pur, Madhya Pradesh. He came down to Calcutta sometime in or about 1960 and resided in Kinderdine Lane. In 1966 he purchased a house at No. 49a, Tollygunge Circular Road and resided there.

( 6 ) ON 5th November, 1967, the testator called his two sons-in-law, e. g. Nandadulal Dey and Subodh Chandra Mallick and his eldest brother's son, Sailendra Nath Chandra at his residence at No. 49a, Tollygunge Circular Road, Calcutta and produced a typed out Will and stating that it was his last Will executed the same in their presence. He asked the said three persons who were the only persons present there to sign the said Will as attesting witnesses in his presence The said attesting witnesses accordingly signed the Will in each other's presence and in the presence of Bhupendra Nath Chandra. By the said Will the testator appointed the said three attesting witnesses, the executors. It is in evidence that the testator himself had typed out the Will in his one typewriter machine and executed the said Will in the presence of the said three altesting witnesses who also signed the said Will in the presence of each other and in the presence of the testator. The testator after execution gave a copy of the said Will to each of the said three attesting witnesses for their custody. The witness, Nandadulal Dey produced the copy given to him which was tendered as Ext. B and the signature portions encircled in red pencil was marked Exhibit B-l. The original Will itself dated 5th November, 1967 was proved and tendered as Exhibit A. The testator died on 6th October, 1977, i. e. about 10 years thereafter. He was in perfect health and in sound mind at the date of execution. The testator attended his relations and did domestic works and used to do all works and was absolutely in perfect mind. The witness, Nandadulal Dey in answer to a suggestion put to him denied and stated to be incorrect that the testator did not know what he was doing when he signed the Will and in answer to Q 26, Q 41, Q 42 and Q 51 stated that the testator was normal and nothing disturbed his mind to do anything as he liked.

( 7 ) THE testator fell down and broke his bone in one of his legs and was bed ridden for more than six months. During that period he gave power of attorney to his eldest son, Abanindra Nath Chandra to collect rents from his tenants by signi