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RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
Gopal Chandra Manna – Appellant
Versus
Arati Manna – Respondent
JUDGMENT :
SUPRATIM BHATTACHARYA, J.
1. Hearing of the instant appeal was concluded on 10th day of August 2023 even without the records of the Court below. In spite of efforts of the registry, the records of the trial proceeding could not be obtained for 3 months since then. Finding no other alternative the judgment is being delivered on the basis of some documents that the parties have supplied.
2. The instant appeal arises out of the Judgment and Decree passed by the Ld. Additional District Judge, 4th Court Paschim Medinipur in Other Suit No. 25 of 2008, dated the 29th day of January 2009, wherein the said Ld. Judge has been pleased to dismiss the suit on contest, praying for grant of probate, with cost of Rs. 10,000/-. The said Ld. Judge has been pleased to reach to the conclusion that the ‘Will’ executed by Harisadhan Manna dated 09.07.2003 is forged, fabricated and procreated document.
3. The appellant herein namely Gopal Chandra Manna was the applicant for grant of probate in respect of the said ‘Will’ being the executor of the said ‘Will’.
4. Smt. Arati Chowdhury, Archana Hazra and Sumitra Majhi, being the sisters of the applicant raised objection and opposed the prayer for grant
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.
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.
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.
Probate of a Will requires strict compliance with statutory formalities, including attestation by witnesses; failure to provide adequate proof leads to dismissal of the application.
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