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IN THE HIGH COURT AT CALCUTTA
Sugato Majumdar
Girindra Kishore Pal Choudhury – Appellant
Versus
Ssuparna Pal Chowdhury – Respondent
JUDGMENT :
Sugato Majumdar, J.
1.This is an application for grant of letters of administration of the last will and testament of the deceased Girindra Kishore Pal Choudhury dated 30/11/2006.
2. The Testator Girindra Kishore Pal Choudhury breathed his last on 29/04/2015. His last abode was at 123, M.S. Mukherjee Road, P.O – B.D. Sopan, P.S: Khardah, District – 24 Parganas (N), Kolkata – 700116. Prior to his death, the Testator made his last will and testament on 30/11/2006 appointing his two sons, Subir Pal Chowdhury and Prabir Pal Choudhury as joint and several executors. One of the executors, Subir Pal Chaudhury breathed his last prior to the death of the Testator. The said Subir Pal Chaudhury died intestate leaving behind him his widow and son.
3. There are two attesting witnesses of the will, namely, Swapan Debnath and Rathin Saha and the executant was identified by Sri Somnath Chakraborty, Advocate on the same day before the Notary Public Mr. Sita Ram Shaw.
4. One of the attesting witnesses, Swapan Debnath expired on 03/06/2015. A copy of death certificate is annexed to the instant application. Death certificates of the Testator as well as the deceased Executor are also annexed alon
The validity of a will requires strict adherence to statutory execution and attestation procedures; failure to prove execution results in denial of probate.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
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 execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
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....
Probate of Will – Where due execution of Will is not established, Probate can be refused.
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