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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Sarojini Mondal – Appellant
Versus
Sukumar Naskar – Respondent
Judgment :
Sabyasachi Bhattacharyya, J.
1. The objectors in a probate proceeding under Section 276 of the Indian Succession Act have preferred the present appeal against the grant of probate in respect of the last Will and testament dated January 7, 2004 of one Badal Chandra Naskar. By the said Will, the testator bequeathed his properties to the plaintiff/respondent no. 1 - Sukumar Naskar and proforma respondent no. 3 – Arabinda Naskar, his two sons, without granting anything to his five daughters, being the present appellants and the proforma respondent nos. 2 and 4. Learned senior counsel for the appellant assails the Will on the ground that the same was not read over and explained to the testator, who put his Left Thumb Impression (LTI) on the Will. There is no evidence on record to indicate that it was ever read over and explained, despite the testator having affixed his LTI, which itself vitiates the execution of the Will.
2. It is further argued that despite being literate, the testator put his LTI on the Will, which itself is a suspicious circumstance shrouding the execution of the Will.
3. Learned senior counsel argues that the due execution of the Will was never proved in term
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 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 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 main legal point established in the judgment is the burden of proof on the propounder to establish the due execution and validity of a Will, while also addressing and removing suspicious circumst....
The court upheld the validity of the Will despite the exclusion of a natural heir, finding no suspicious circumstances or evidence of mental incapacity.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
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