Back
IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Pradipta Kr. Sarkar – Appellant
Versus
Shefali Sarkar – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.:-
1. The present first appeal has been preferred against the dismissal of an application for probate of the last Will and testament of late Provat Kumar Sarkar. The primary premise on which the learned Testamentary Court dismissed the probate suit was that the date on which the scribe had signed the Will, that is, September 27, 2004, was subsequent to the date of alleged execution of the Will on September 10, 2004.
2. Learned counsel appearing for the executor/propounder/appellant contends that there was a second (subsequent) Will of the deceased Testator produced by the defendants/respondents themselves. Although it was not marked as an exhibit, nor was any probate taken in respect thereof, since the defendants/respondents themselves produced the same in the Trial Court, the contents thereof can be looked into for collateral purposes. In the said Will itself, the Testator had referred to his first Will dated September 10, 2004, thus admitting the execution of the same.
3. Learned counsel for the appellant next argues that there was no date appearing under the signature of either the testator or the attesting witness in the Will-in-question. It i
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....
The Propounder of a will must prove due execution and sound mind of the testator, especially in the presence of suspicious circumstances; failure to do so results in dismissal.
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 execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
The propounder must prove due execution of the Will and remove suspicious circumstances to justify the grant of probate.
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
