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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Ramkrishna Saha – Appellant
Versus
Rajkumar Saha – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Two separate Probate Proceedings under Section 276 of the Indian Succession Act, 1925 were initiated by two separate executors seeking probate of two separate alleged Last Wills dated 11th June, 1993 and 3rd February, 1995 respectively of the testator, Monilal Saha before the Learned Trial Court. Both the Probate Proceedings have been decided by the Learned Trial Judge on 7th April, 2015 by two separate Judgments.
2. Feeling aggrieved and dissatisfied with the Judgment and Order dated 07.04.2015 passed by the Learned Additional District Judge, 5th Court at Malda in O.C. Suit No. 7/2010, the appellants/opposite parties, Ramkrishna Saha and others filed an appeal being F.A. No. 185 of 2015. At the same time, the appellant/petitioner, Kalpana Saha also filed another appeal being F.A.T. No. 302 of 2015 against another Judgment and Decree dated 07.04.2012 passed by the Learned Additional District Judge, 5th Court at Malda in O.C. Suit No. 4/2012.
3. By the said Judgment and Order dated 7th April, 2015, O.C. Suit No. 7/2010 was allowed on contest without any order as to costs in favour of Rajkumar Saha in respect of the Will dated 11th June, 1993. A Probate
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 propounder must establish a will's valid execution and satisfy the court's conscience by dispelling all suspicious circumstances, including structural inconsistencies and inordinate, unexplained de....
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