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AJOY KUMAR MUKHERJEE
Partha Pratip Bhattacharyya – Appellant
Versus
Indrani Goswami – Respondent
| Table of Content |
|---|
| 1. initiation of probate proceedings and contestation. (Para 2 , 3) |
| 2. challenge to execution and admissibility of will. (Para 4 , 5) |
| 3. credibility of witness testimony regarding will. (Para 6 , 7) |
| 4. court's reliance on evidence and presumption of genuineness. (Para 8 , 9) |
| 5. procedure for evidentiary objections during trial. (Para 11) |
| 6. final ruling and order for further proceedings. (Para 13 , 14 , 15) |
JUDGMENT :
Ajoy Kumar Mukherjee, J. - Affidavit-of-service filed by the petitioner is taken on record.
2. Being aggrieved by and dissatisfied with the order No. 73 dated 26th April, 2016 passed by the learned Additional District Judge, 5th Court, Krishnagar, Nadia in O.S. Case No. 26 of 2005, present application has been preferred under Article 227 of the Constitution of India.
3. The opposite party Nos. 1 and 2 herein initiated a proceeding for grant of letter of Administration of the last Will and Testament allegedly executed by one Nani Bhusan Bhattacharyya, since deceased on 19th May, 1958. The said proceeding became contentious. The petitioners are contesting by filing written statement. The petitioners state that the opposite party Nos. 1 and 2 herein filed an appli
The presumption of validity for registered wills does not eliminate the necessity for compliance with statutory requirements regarding their execution and admissibility as evidence.
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
Certified copies of registered deeds are admissible in evidence under the Indian Evidence Act and should be tentatively marked as exhibits without requiring the registering authority's presence for p....
Admission of execution of registered sale deed, despite denial of contents as loan security, requires court to mark it as exhibit; proof of contents separate; trial court erred in refusal.
Marked documents are not admitted as evidence without judicial determination; objections to admissibility can be raised at any stage.
The court affirmed that the execution of a Will must be proven according to Section 68 of the Indian Evidence Act, requiring attesting witnesses, and any deviation from this procedure is impermissibl....
The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient.
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