Back
IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Manorama Sarkar – Appellant
Versus
Sibaram Pal – Respondent
Judgment :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been filed by two daughters of the testatrix challenging the grant of probate of the last Will and Testament of the said testatrix, namely Late Panchabala Pal, whereby she bequeathed her property to one of her daughters. Learned counsel for the appellant argues that the execution of the Will was shrouded by suspicious circumstances.
2. The Will was executed on June 29, 1995 and registered on September 15, 1995. The testatrix died on January 14, 2001 and the probate application was filed on May 16, 2001.
3. The proceeding became contentious on the appellants filing their objection. Accordingly, the probate application was returned on September 1, 2002 for being re-presented.
4. Accordingly, a plaint was filed by the propounder on April 11, 2007 which culminated in the impugned decree granting probate.
5. It is argued by the appellants that there was a delay of approximately five years in re-presenting the plaint after the proceeding turned contentious, which gives rise to doubt as to the veracity of the Will. Moreover, the signature of the testatrix, as on the earlier pages of the Will, also finds place on the top right-han
The propounder of a Will must satisfactorily prove its execution, whereupon the burden of proving any allegations of fraud or coercion shifts to the objectors. Minor gaps in testimony do not undermin....
The validity of a Will is upheld when properly executed, and the burden of proving undue influence or fraud lies with objectors, not the propounder.
The court upheld the validity of the Will despite the exclusion of a natural heir, finding no suspicious circumstances or evidence of mental incapacity.
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
