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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, RAI CHATTOPADHYAY
Sima Halder (Tarun Halder Since Deceased) – Appellant
Versus
Dipa Roy (Nee Sapui) – Respondent
JUDGMENT :
1. Despite service of notice, the respondent is not represented.
2. The appeal is directed against a judgement and decree dated 11th April, 2014 passed by the learned Additional District Judge, 13th Court at Alipore in O.S. No.6 of 2010. By the impugned judgement and decree, the Trial Judge dismissed the suit filed by the appellant/propounder of the last Will and testament dated 26th September, 2005. The said purported will is of one of the three wills executed by the testatrix Pari Devi.
3. The appellant/plaintiff, the propounder, is the one of the two brothers of the alleged testatrix. He had filed an application for grant of probate under Section 276 of the Indian Succession Act Of 1925 registered initially as Act XXXIX Case No.46/09 (P).
4. On the aforesaid application being cited, the first class of natural legal heirs of the deceased testatrix namely her husband Moni Mohan Sanpui and daughter Dipa Roy (Nee Sanpui) entered appearance and denied the claims of the applicant/appellant. Case no. 46 of 2009(P) having become contentious was converted into O.S. No.6 of 2010.
5. A formal plaint was filed by the applicant/appellant, in paragraph no. 10 whereof, he claimed to have
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
The central legal point established in the judgment is the significance of complying with the formalities for the execution and attestation of Wills, as mandated by the Indian Succession Act. The cou....
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
The execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
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