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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
In The Goods Of : Ajit Kumar Sengupta, (Deceased)-AndTapati Sengupta – Appellant
Versus
Manashi Sengupta Bhadra – Respondent
Judgment :
Krishna Rao, J.
1. The plaintiff, namely, Tapati Sengupta, W/o Late Ajit Kumar Sengupta has initially filed an application being P.L.A. No. 309 of 2012 praying for grant of probate of the Last Will and Testament of the deceased Ajit Kumar Sengupta dated 29th February, 2008. On receipt of citation, Snehajit Sengupta being the son of the testator had filed caveat and affidavit-in-support of the caveat. On receipt of caveat, the probate application being P.L.A. No. 309 of 2012 is converted to Testamentary Suit No. 4 of 2022. During the pendency of the suit, Snehajit Sengupta passed away. Upon his death, his wife Smt. Manashi Sengupta Bhadra was substituted as defendant.
2. As per the case of the plaintiff, Ajit Kumar Sengupta executed his last Will and Testament on 29th February, 2008 by appointing his wife Tapati Sengupta and his daughter Amgana Sengupta as joint executrixes of his last Will. The testator died on 22nd September, 2011 at Bridgeport Hospital, Bridgeport, Fairfield, United States of America leaving behind his wife, Smt. Tapati Sengupta, his son Snehajit Sengupta and his daughter Amgana Sengupta. The daughter has affirmed an affidavit by giving her consent for gr
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 propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
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 court affirmed that the plaintiff sufficiently proved the valid execution of the Will, while the defendant failed to establish claims of forgery or suspicious circumstances surrounding it.
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