Back
KRISHNA RAO
In the Goods Of: Krishna Mazumdar, Deceased and Pradip Datta – Appellant
Versus
Hashi Mitra – Respondent
JUDGMENT :
Krishna Rao, J.
1. The defendant has filed an application being GA No. 11 of 2023 praying for a direction upon the Manager, State Bank of India, Southern Avenue Branch for production of the documents lying in the bank locker of the deceased Krishna Mazumder so that the said document can be sent to the expert as admitted signatures of the deceased for comparison of the signatures of the deceased appearing in the alleged last Will and Testament of the Testator dated 8th March, 2016.
2. The defendant had filed another application being GA No. 12 of 2023 praying for appointment of handwriting expert to examine the disputed signature of Krishna Mazumdar appearing in the alleged Will with the admitted signature of the deceased. The plaintiff has initially filed an application being PLA No. 310 of 2016 for grant of probate of the last Will and Testament of the deceased Krishna Mazumdar dated 8th March, 2016. On receipt of caveat and affidavit in support of the caveat, the PLA No. 310 of 2016 is converted to Testamentary Suit No. 23 of 2017.
3. The plaintiff had examined two witnesses to prove the Will i.e. the attesting witnesses of the Will. The defendant in the affidavit in suppo
The specific allegation of forgery in a will requires expert examination of signatures, and compliance with the provisions of the Indian Succession Act, 1925.
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
The court established that the validity of a Will must be proven through credible witness testimony, and the burden of proof lies with the propounder to dispel any suspicions regarding its authentici....
The main legal point established is that a plaintiff has the right to lead evidence in rebuttal when the onus of a particular issue is on the defendant.
The burden of proof in establishing the execution of a Will, the effect of suspicious circumstances on the genuineness of a Will, and the admissibility and reliance on expert opinions in proving the ....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
