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ARIJIT BANERJEE
In the Goods of: Kalap Nath Jaiswal (Deceased) Pradip Kr. Jaiswal – Appellant
Versus
Nirmala Devi Jaiswal – Respondent
JUDGMENT :
ARIJIT BANERJEE, J.
1. One Kalap Nath Jaiswal was a resident of Calcutta. He was a successful businessman and a wealthy person. He had two wives (This was when the Hindu Marriage Act, 1955, was not there). The first wife’s name was Kamla Devi (in short ‘Kamla’). The second wife was Shanti Devi (in short ‘Shanti’).
2. Kalap Nath had 4 sons and one daughter from his first marriage, namely, Ajay, Vinod, Manoj, Sanjay and Nirmala respectively. From his second marriage Kalap Nath had two sons and five daughters namely Vijay, Pradip, Pramila, Urmila, Meena, Beena and Shila respectively.
3. Kalap Nath died on June 16, 1996, having made and published, what the plaintiff says, was his last Will dated October 5, 1994. The plaintiff and Vijay (two sons from the second marriage) were named as executors in the Will. In the Will, the branch of Kalap Nath’s first wife was by-passed and nothing was given to them. Kalap Nath devised and bequeathed all his properties, immovable and movable, to the branch of the second wife and in particular to Vijay and Pradip and their families. There was also a bequest in favour of his second wife Shanti.
4. Vijay and Pradip filed an application for probate
The court affirmed the validity of the testator's Will, executed in accordance with legal requirements, despite challenges regarding mental capacity and undue influence.
The main legal point established in the judgment is the duty of the propounder to remove all suspicious circumstances and prove the essential facts indicated in the will, as well as the duty of the c....
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....
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
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