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ROBIN PHUKAN
Geetanjali Das, W/o Late Golap Das – Appellant
Versus
Rina Das, W/o Late Golap Das – Respondent
JUDGMENT :
Heard Mr. B. Chakravarty, learned counsel for the appellant and Mr. M. Choudhury, learned counsel for the respondent.
2. This appeal, under Section 299 of the Indian Succession Act, 1925 is directed against the judgment and order dated 30.07.2014, passed by the learned Additional District Judge, Sonitpur, Tezpur in Title Suit No. 47/2007.
3. It is to be noted here that vide impugned judgment and order dated 30.07.2014, the learned Additional District Judge, Sonitpur, Tezpur has dismissed the suit, being Title Suit No. 47/2007, filed by the petitioner for granting of Letter of Administration on the last will of deceased Golap Das.
Background Facts:-
4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
The court reaffirmed that a will must be executed in compliance with statutory requirements, and any suspicion regarding its validity must be adequately addressed by the propounder.
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.
The propounders have the onus to prove due execution of a Will as per the requirements of Section 63 of the Indian Succession Act, 1925. When there are suspicious circumstances, a greater onus lies o....
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 mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
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