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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
In the Matter of: Pradip Kumar Pyne – Appellant
Versus
. – Respondent
JUDGMENT :
SUPRATIM BHATTACHARYA, J.
1. This present First Appeal has been preferred by Pradip Kumar Pyne, the son of the testator of the Will namely Gopinath Pyne.
2. The Will in contention is said to have been executed on 25.02.1976.
3. The said Pradip Kumar Pyne sought for letter of administration in respect of the said Will before the learned Chief Judge, City Civil Court, Calcutta being Probate Case No. 50 of 2011.
4. On a written objection being filed on behalf of the opposite party namely Ruby Dutta the probate case became contentious and has been renumbered as Other Case being O.C. 33 of 2014 and was transferred to City Civil Court, Calcutta, Bench II for disposal.
5. During the proceedings as the opposite party defendant did not take any step so ultimately the case was fixed for ex parte hearing.
6. After taking both oral and documentary evidence and considering the same the O.C. 33 of 2014 has been dismissed ex parte without cost on 31.05.2017.
7. Being aggrieved by and dissatisfied with the judgment and order dated 31.05.2017 passed by the learned City Civil Court, II Bench Calcutta in OC no. 33 of 2014, the present appeal has been preferred.
Factual Matrix.
8. The lis involves a
A Will's execution can be proven without living attesting witnesses if signatures are corroborated by acquainted witnesses, notwithstanding presumptions under Section 90 of the Evidence Act.
Grant of letters of administration – Presumption under Section 90 of Evidence Act, 1872 as to regularity of documents more than 30 years of age is inapplicable when it comes to proof of Wills, which ....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The presumption of execution and attestation of a 'WILL' over 30 years old can be drawn under Section 90 of the Indian Evidence Act if produced from proper custody.
The validity of a will requires strict adherence to statutory execution and attestation procedures; failure to prove execution results in denial of probate.
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
The presumption under Section 90 of the Indian Evidence Act does not apply to Wills, necessitating proof of execution and attestation by the propounder.
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
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