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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Deb Prosanna Konar – Appellant
Versus
Sujata Konar (In place of Dilip Kumar Konar, since deceased) – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. The instant First Appeal is directed against the judgment and order dated 12th March, 2012 passed by the Learned 5th Court, Additional District Judge, Burdwan in O.S. (Will) Case No. 7/2011. By the said judgment and order, the Learned Judge rejected the application for probate of a Will of Testator, Sudhir Chandra Konar, filed by the executor, Deb Prosanna Konar.
FACTS OF THE CASE:
2. The short facts, leading to filing of this present appeal, are summarised as under:
One Sudhir Chandra Konar, Son of Late Dibakar Konar was a Government Pleader practicing in the Burdwan Court from 1976 to 1996. He made and executed a Holograph Will (‘the said Will’) on 31.12.1986 appointing his younger son, Deb Prosanna Konar as an executor thereof. At the time of executing and attesting the said Will, the testator was residing permanently at Radhanagar South Road, Burdwan Town within the jurisdiction of the Learned Trial Court. He died on 13.12.2000 leaving behind him his widow and his two sons, namely, Dilip Kumar Konar and Deb Prosanna Konar and two daughters, namely, Chitralekha Ghosh and Rita Roy. By the said Will, he bequeathed his ‘residential two storied’ house s
The main legal point established in the judgment is the duty of the propounder to remove all suspicious circumstances and prove the essential facts indicated in the will, as well as the duty of the c....
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
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....
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