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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
TS No. 30 of 2015 (PLA No. 189 of 2014) – Appellant
Versus
Samir Kumar Chatterjee – Respondent
| Table of Content |
|---|
| 1. establishing the legal heirs and context of the will execution. (Para 1 , 2) |
| 2. submissions highlighting proof requirements and allegations against the will. (Para 3 , 4) |
| 3. evaluation of proof standards for testamentary documents. (Para 6 , 9) |
JUDGMENT :
1. The plaintiff has initially filed an application being PLA No. 189 of 2014 for grant of Letters of Administration of the last Will and Testament of deceased, Smt. Kironbala Debi alias Kironbala Banerjee dated 18th July, 1986. On issuance of Special Citation out of total 17 legal heirs of the testatrix, only three legal heirs have filed caveats and affidavits in support of caveat. On receipt of caveats and affidavits in support of caveat, the application for grant of Letters of Administration is converted as Testamentary Suit No. 30 of 2015.
a. The plaintiff, Indrajit Banerjee, son of late Dipti Lal Banerjee @ Dipak Banerjee is one of the grandsons of the testatrix. The testatrix died on 23rd January, 1993, leaving behind the following legal heirs:
Priya Lal Banerjee died leaving behind his wife Monika Banerjee (daughter in law of the testatrix) and Monika Banerjee died leaving behind (i) Partha Banerjee, Son and (
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
A person is free to make as many Wills as he wishes – Once Court certifies a particular Will to be genuine and puts its seal of approval thereon, all previous Wills automatically stand nullified.
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 requires strict adherence to statutory execution and attestation procedures; failure to prove execution results in denial of probate.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
The central legal point established in the judgment is the scrutiny of Will execution, consideration of suspicious circumstances, and the burden of proof on the propounder.
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