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HARISH TANDON, PRASENJIT BISWAS
Sandhya Sarkar – Appellant
Versus
Prasanta Das – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The application for probate filed by the appellant is dismissed by the Probate Court on 25th July, 2011 which is a subject matter of challenge in the instant appeal.
2. The probate relates to a Registered Will dated 13.07.1999 executed by one Durgabala Dasi bequeathing the property mentioned therein in favour of the beneficiaries named therein. The said testatrix appointed the appellant as executrix to the said Will who was obligated to take a probate of the same and act in terms of the wish and desire of the said testatrix. The said application for probate was filed before the District Delegate, Howrah which was registered as Probate case no. 143 of 2005 wherein the heirs and legal representatives who would otherwise inherit the estate of the said testatrix in case of intestacy were mentioned. After the service of the general and special citation, the caveat was lodged by the Respondent nos. 1 to 3 and an affidavit in support of the said caveat was also filed. Since the District Delegate has no jurisdiction and powers to decide the contested proceeding, it was relegated to the District Judge and ultimately was transferred to the 1st Additional District
The Probate Court cannot adjudicate on the title of the testator or the validity of a Deed of Settlement; it is limited to authenticating the Will.
The court confirmed the validity of a Will executed in a sound mind, emphasizing the challenger’s burden to prove invalidity, which was not met in this case.
(1) Revocation of Probate of Will – Grant of probate is a judgment in rem – If a party has caveatable interest in estate of deceased, it is entitled to be served before final order is passed.(2) Tran....
Partition suits are non-maintainable without impleading all necessary legal heirs. Probate applications remain valid even years after the testator's death, as the right to prove a Will is a continuou....
The main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
The right to apply for probate is continuous and not strictly bound by a time limit, provided the execution and attestation of the will are established following legal requirements.
A propounder must establish a will's valid execution and satisfy the court's conscience by dispelling all suspicious circumstances, including structural inconsistencies and inordinate, unexplained de....
The court affirmed the validity of a Will executed under proper procedures, ruling that mere relationships or opportunities do not imply undue influence unless proven with clear evidence.
The law is well settled that conscience of Court must be satisfied that Will in question was not only executed and attested in manner required under Act, 1925 but should also be found that said Will ....
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