The main legal point established in the judgment is the requirement to prove the validity of a will in an application for probate, and the significance of evidence such as testimony from handwriting experts and attesting witnesses in establishing the validity of the will.

1. This is an application for probate of the alleged last will and testament of one Kamal Krishna Mitter dated 6th September, 2002. He is said to have executed this Will a little over three and half months before his death. He died a bachelor on 26th December, 2002 at the age of 84 years.

2. He was an attorney by profession and lived in premises no. 89A, Shyambazar Street, Kolkata. The testator was one of the three sons of P.N. Mitter. His brothers were Amal Krishna Mitter and Bimal KrishnaMitter. What we know is that at the time of his death the son of Bimal K. Mitter, Sabyasachi Mitra along with this wife lived in the same dwelling house, separately.

3. By his will Kamal Krishna appointed an employee of Life Insurance Corporation of India Dilip Kumar Saha as the executor. The will had two attesting witnesses, Amal Krishna Banik and Atanu Roychoudhury, both advocates and having their office at 1B, Old Post Office Street. From this office the testator’s father P.N. Mitter ran P.N. Mitter and Company, a firm of solicitors.

4. The testator had a cousin by the name of Nisha Sinha. On 6th September, 1982 she made and published a Will reciting there that for the last several years she was looked after by one Mamata Ghosh daughter of Kartick Chandra Ghosh. She devised and bequeathed all her movable and immovable properties including flat No. 11 at premises No. 13A, Balaram Ghosh Street Kolkata to this woman. On 29th September, 1983 Nisha Sinha died.

5. It appears from the submission of Mr. Swarnendu Ghosh, learned Advocate appearing for the propounder of the Will that after Nisha’s death Mamta Ghosh became the care taker of testator and started to live on the ground floor of the said premises with him. She got married, assumed the surname Bera and had a son Saptarshi.

6. So over whelmed was the testator by her care and sense of responsibility that by his said last Will and Testament, he devised and bequeathed his entire movable and immovable properties including his 1/3 share in 89A, Shyambazar Street, Kolkata to Mamata Bera nee Ghosh for her life and upon her death to her son Saptarshi Bera with full power of disposition.

7. In the recital to the said will amongst other things the testator said that he was living alone in the dwelling house. His nephew Sabyasachi and his wife did not take care of him. Mamata was like his daughter and took care of him like her father.

8. The grant of probate to the Will was opposed by the testator’s nephew Sabyasachi, who filed a caveat.

9. The following objections were taken to the Will. It is nonest as the signature of the testator was forged. The testator was coerced into signing the Will. It was signed in suspicious circumstances. Both the executor and the beneficiary are not blood relatives of the testator. The whole exercise of presenting a forged Will for probate was fraudulent.

10. Four witnesses were tendered by the plaintiff (1) Dilip Kumar Saha, Executor, (2) Atanu Roy Choudhury, one of the attesting witnesses, (3) Ahin Choudhury, Senior Advocate (4) Ashok Nain, consultant engineer and valuer.

11. In his evidence Dilip Kumar Saha said that he got the Will from one Shyamal Ganguli working in M/s P.N. Mitter and Co. He deposed that Mamata was like the testator’s daughter and that she and her family are in occupation of the testator’s 1/3 share in the said property.

12. The evidence of Atanu Roy Choudhury, one of the attesting witnesses is very important. He said that the testator was in a good physical and mental condition at the time of execution of the Will. He also said that the testator had signed the Will in his presence. From an overall assessment of the evidence there is no doubt that he was present when the testator signed the Will and saw him doing so. He also deposed that Amal Krishna Bera, the other witness was also present and attested the Will in his presence.

13. Ahin Choudhury, a senior member of the Bar, was close to the testator. He said from the box that it appeared from the