JUDGMENT

Soumen Sen, J. - The facts of the case in brief are that the testator Bibhuti Bhushan Ghosh executed his last Will and testament on the 14th of October 1997. The Will was also registered on the said date. The testator had appointed his second son Anil Ghosh as executor. Bibhuti died on 31st of January 1998. The executor applied for grant of probate as propounder of the last Will and testament of Bibhuti and claimed that at time of execution, Bibhuti was mentally and physically alert enough to understand worldly affairs including that of disposition of properties, that attesting witnesses were present at the time of such execution who had seen the testator execute the same. However, Pranati Ghosh along with others and including Ashima Ghosh one of the daughters of Bibhuti, an attesting witness claimed that the Will was executed by someone other than Bibhuti and the signature in the alleged Will was not that of the late Bibhuti Bhushan, he was not present during execution and registration and alleged impersonification and forgery.

2. It is trite law that the burden of proof is on the propounder to prove that the Will has been voluntarily executed, that the testator has signed