Back
DEVASHIS BARUAH
Dipak Deka S/o Late Umesh Deka – Appellant
Versus
Ganesh Deka, S/o Late Madhu Ram Deka – Respondent
JUDGMENT :
Heard Mr. R.K. Jain, learned counsel for the appellant and Mr. S.P. Roy, learned counsel for the respondent.
2. The instant appeal arises out of the judgment and decree dated 18.06.2020 passed by the Court of the Additional District Judge No.5, Kamrup (M), Guwahati in Probate Title Suit No.11/2014 thereby granting the probate of the Will dated 14.06.2010.
3. For the purpose of convenience, the parties herein are referred to in the same status as they stood before the trial Court.
4. One Niroda Deka (since deceased), (herein after referred to as testatrix) had executed a will dated 14.06.2010 whereby, the Plaintiff was made executor of the will and the properties described in the Schedule to the said Will was bequeathed in favour of her daughter Smti. Niva Deka. The testatrix expired on 14.07.2010 at her residence at Maligaon Chariali, Guwahati 781011. Pursuant thereto, the Plaintiff being the executor of the Will dated 14.06.2010 filed an application under Section 276 of the Indian Succession Act, 1925 (for short “the Act of 1925”) for a Probate with Will annexed. In the said application citation was given as regards three sons and the daughter of the testatrix. The said app
Point of Law : It has to consider relevant materials instead of adopting an ethical reasoning. It was further observed that a mere exclusion of either a brother or sister per-se would not create a su....
The propounder of a Will must prove its execution and validity, and the presence of suspicious circumstances must be specifically pleaded by the opposing party to shift the burden of proof.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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
