Back
SABYASACHI BHATTACHARYYA, SUBHENDU SAMANTA
Jagadindra Ganguly – Appellant
Versus
Irena Dutta – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred against a judgment and order (deemed decree) dismissing the application for grant of probate of the Will of one Late Renuka Dutta.
2. The Will-in-question was executed on January 16, 2003 and the testatrix died on February 01, 2007.
3. Learned counsel for the appellant submits that the Will having been proved duly in accordance with Section 68 of the Indian Evidence Act, 1872 as well as Section 63 of the Indian Succession Act, 1925, the learned Trial Judge erred in law and in fact in dismissing the probate application.
4. Learned counsel submits that the mere erroneous mention of dateat the bottom of the last page of the Will does not vitiate the execution of the Will, since one of the attesting witnesses adduced evidence to prove the execution of the same.
5. The overwriting of date by the scribe/executor, it is submitted, is also not fatal in respect of the valid execution of the Will.
6. Learned counsel contends that the Bengali Year 1409, in which the Will was executed, corresponds to the English Year 2003, contrary to the finding of the learned Trial Judge that the said Bengali Year corresponds to the ye
The erroneous mention of a date in a Will does not invalidate its execution if the execution is otherwise duly proved, and advanced age does not imply lack of mental capacity.
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.
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....
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.
The court found that the application for probate was barred by limitation, and the alleged Will was not duly executed, failing to meet statutory requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
