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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Milan Das – Appellant
Versus
Sandip Das – Respondent
| Table of Content |
|---|
| 1. probate application and its contestation. (Para 1 , 2 , 3) |
| 2. issues and arguments regarding the will's validity. (Para 4 , 7 , 8 , 9 , 10 , 11) |
| 3. arguments against milan's claim and his relationship to the testator. (Para 12 , 14 , 15) |
| 4. court's approach in determining the testator's intention. (Para 16 , 17) |
| 5. contradictions and suspicions related to the will. (Para 19 , 22) |
| 6. affirmation of lower court’s judgment. (Para 24) |
| 7. dismissal of appeal and order for lower court records. (Para 25 , 26 , 27) |
JUDGMENT :
(Tapabrata Chakraborty, J.)
The present appeal has been preferred challenging the judgment dated 1st February, 1999 passed by the learned District Judge, Howrah in Probate Case No.03 of 2014 dismissing the application for grant of probate of the Will made and published by Netai Chandra Das, in a contentious cause.
2. The application for grant of probate accompanied by an affidavit of assets was filed by one Sri Milan Das (in short, Milan) stating inter alia that one Netai Chandra Das (in short, Netai) was the owner of the said assets and prior to his death on 20th June, 2003, he voluntarily executed a deed of Will on 7th January, 2023 and the same was regist
The propounder of a Will must satisfactorily prove its execution, whereupon the burden of proving any allegations of fraud or coercion shifts to the objectors. Minor gaps in testimony do not undermin....
A will must meet statutory requirements under the Succession Act and Evidence Act, including clear evidence of the testator's intention and valid execution, to be considered valid.
A Will must be executed with clear evidence of the testator's intention and compliance with legal formalities; discrepancies in witness testimonies can invalidate the Will.
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....
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