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IN THE HIGH COURT AT CALCUTTA
SUGATO MAJUMDAR
In The Goods of: Sita Devi Bazaz (Dec)
| Table of Content |
|---|
| 1. probate application and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. defendant's contestation on validity of will. (Para 5) |
| 3. evidence presented by plaintiff regarding will execution. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. caveatrix's argument about evidential shortcomings. (Para 15 , 16 , 17 , 18 , 19 , 21) |
| 5. court's observation on mental fit and will execution. (Para 24 , 28 , 30) |
| 6. undue influence and burden of proof. (Para 32 , 34) |
| 7. grant of probate to the will. (Para 35 , 36 , 38 , 39 , 40) |
JUDGMENT :
Sugato Majumdar, J.
1.The instant suit is for grant of probate of the last will and testament of the deceased Sita Devi Bazaz.
2. The deceased Sita Devi Bazaz was a Hindu who had her last abode at 378, Block-G, New Alipore, Kolkata-700053. She breathed her last on 20th January, 2013 at her place of residence. Prior to her death, she executed her last will and testament on 8th December, 2005 in English language. The will was duly registered. The Testatrix left behind her son and daughter. The present Petitioner being Executor, is the grandson of the Testatrix.
3. On death of the Testatrix, the instant application was filed, praying for grant of probate of the last will and
A will is valid if duly executed, even without attesting witnesses, provided other credible evidence supports its authenticity, with the burden on challengers to prove undue influence or coercion.
Probate of Will – Where due execution of Will is not established, Probate can be refused.
The propounder must prove due execution of the Will and remove suspicious circumstances to justify the grant of probate.
Revocation of Probate – Exclusion of natural heir by testator does not make Will unnatural nor does the same gives rise to suspicious circumstances – Mere intention to execute a Will does not have ef....
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