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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
In The Goods Of : Mantu Debi Benia (Deceased) – Appellant
Versus
Sova Gupta – Respondent
JUDGMENT :
KRISHNA RAO, J.
1. The plaintiff had initially filed an application being PLA No. 31 of 2015 for grant of probate of the Last Will and Testament dated 30th May, 2000 of the testatrix Mantu Debi Benia.
2. Smt. Sova Gupta, W/o Late Sankar Gupta, daughter of Late Mantu Debi Benia has filed caveat and affidavit is support of caveat in PLA No. 31 of 2015 and on receipt of affidavit in support of caveat, the Probate Application was converted to a Testamentary Suit No. 20 of 2016.
3. The said Mantu Debi Benia (since deceased) was the widow of Late Mahavir Prasad Benia. The husband of the testatrix was predeceased to her who died on 23rd March, 1969. In the wedlock between Mantu Debi Benia and Mahabir Prasad Benia, two sons, namely, Pradip Kumar Benia, Sunil Kumar Benia and three daughters, namely, Sova Gupta, Tilotama Gupta and Susma Gupta were born.
4. Mantu Debi Benia died on 9th June, 2000. During her lifetime, she had executed her Last Will and Testament on 30th May, 2000 and appointed the plaintiff, her eldest son, namely, Pradip Kumar Benia, as sole executor of her Last Will and Testament.
5. The caveatrix submits that the last Will and Testament dated 30th May, 2000, is not ge
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
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....
A will is valid if duly executed, even without attesting witnesses, provided other credible evidence supports its authenticity, with the burden on challengers to prove undue influence or coercion.
The court affirmed the validity of the Will dated 12th December 1996, emphasizing the burden of proof on the Defendants to substantiate claims of forgery, which they failed to do.
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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