Back
IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
In the Matter of: Pradip Kumar Pyne – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. factual background regarding the will dispute. (Para 1 , 2 , 3 , 4 , 6 , 8 , 9 , 10) |
| 2. trials and evidence presented. (Para 11 , 12 , 14) |
| 3. submission and evidence standards for wills. (Para 13 , 16 , 17) |
| 4. legal interpretation of proof requirements. (Para 18 , 19 , 20) |
| 5. conclusion affirming the validity of the will. (Para 21 , 22 , 23 , 24) |
| 6. order granting letters of administration. (Para 25 , 26 , 27 , 28) |
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 ultimatel
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.
Registered Will's genuineness presumed; proof under Evidence Act Sections 68/69 via signature identification by witnesses suffices when attesting witnesses unavailable; disputing party must prove sus....
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.
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
