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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
Deb Kumar Bose – Appellant
Versus
Prithudipti Maity – Respondent
JUDGMENT :
Supratim Bhattacharya, J.
1. The instant appeal arises out of the Judgement and Decree passed by the Ld. Additional District Judge, 4th Court Paschim Medinipur in Other Suit No. 14 of 2002, dated the 17th day of March 2008, wherein the said Ld. Judge has been pleased to dismiss the suit on contest with cost of Rs. 5000/-. The said Ld. Judge has been pleased to reach to the conclusion that the ‘Will’ in question in respect of which probate has been sought for is forged and fabricated and it has been prepared after the death of the testatrix namely Giribala Maity.
2. The appellant herein namely Deb Kumar Bose being the executor appointed by the testatrix of the impugned ‘Will’ had prayed for granting of probate before the Ld. District Delegate at Medinipur.
3. Smt. Mira Maity, wife of Dilip Kumar Maity since deceased, being the wife of the eldest son of the testatrix objected to the prayer for granting of probate in respect of the said Will. On being objected the probate proceeding became contentious and ultimately the probate application has been heard by the Ld. Additional District Judge, 4th Court Paschim Medinipur.
4. The property involved in the lis belonged to the said Gi
A Will must be executed with clear evidence of the testator's intention and compliance with legal formalities; discrepancies in witness testimonies can invalidate the Will.
A will must meet statutory requirements under the Succession Act and Evidence Act, including clear evidence of the testator's intention and valid execution, to be considered valid.
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....
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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