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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 :
1.The instant suit is for grant of probate of the last will and testament of the deceased Sita Devi Bazaz.
3. On death of the Testatrix, the instant application was filed, praying for grant of probate of the last will and testament of the Testatrix.
5. The contents of the written statement may be summarized as follow:
b) According to the Defendant, the Executor of the will is the grandson of the Testatrix. In the circumstances, it raises a reasonable doubt about genuineness of the will and gave rise to a suspicious circumstance surrounding execution of the will. The Executor is in ploy to grab the entire properties of the Testatrix, as alleged. The alleged will was prepare
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....
(1) Probate of Will – Where a Will is prepared and executed under circumstances which excite suspicion of Court it is for those who propound Will to remove such suspicion and to prove affirmatively t....
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