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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Arun Kumar Mullick – Appellant
Versus
Debabrata Seal – Respondent
| Table of Content |
|---|
| 1. overview of the probate application and objections. (Para 1 , 2 , 3) |
| 2. court's analysis regarding the execution and authenticity of the will. (Para 4 , 5 , 11 , 14 , 15 , 16 , 17 , 18) |
| 3. arguments presented by the appellants regarding the will's validity. (Para 6 , 7 , 8 , 9 , 10) |
| 4. affirmation of the lower court's judgment. (Para 19) |
| 5. final decision and directions. (Para 20 , 21 , 22) |
JUDGMENT :
(Tapabrata Chakraborty, J.)
The present appeal has been preferred challenging the judgment dated 27th March, 2018 passed by the learned 3rd Judge, City Civil Court at Calcutta in O.C. Case No.22 of 2014 dismissing the application for grant of probate of the Will made and published by one Chintamoni Mullick, in a contentious cause.
2. The application for grant of probate accompanied by an affidavit of assets was filed by Arun Kumar Mullick (in short, Arun) and by one Gour Gopal Mullick (in short, Gour) being the appellants herein stating inter alia that one Chintamoni Mullick (in short, Chintamoni) was the owner of the said assets and prior to his death on 13th December, 2002, he voluntarily executed a deed of Will on 11th December, 2002 and the same was notarized on the s
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....
The need to remove all legitimate suspicions before a document can be accepted as the last will of the testator.
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 validity of a Will is upheld when properly executed, and the burden of proving undue influence or fraud lies with objectors, not the propounder.
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