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ROBIN PHUKAN
Minu Das, W/o Late Manmohan Das – Appellant
Versus
Bulu Das, W/o Late Mantu Das – Respondent
JUDGMENT :
(Robin Phukan, J.) :
Heard Mr. P. Upadhyay, learned counsel for the appellants and Mr. A. Ikbal, learned counsel for the respondents.
2. This appeal, under Section 299 of the Indian Succession Act, 1925, is directed against the judgment and order, dated 27.06.2017, passed by the learned Additional District Judge, Barpeta, in Title Suit (P) Case No. 2/2016.
3. It is to be noted here that vide impugned judgment and order, dated 27.06.2017, the learned Additional District Judge, Barpeta (‘trial Court’, for short) has dismissed the application filed by the appellants for grant of Letter of Administration in respect of the will executed by deceased Phulobala Das, on 01.07.2012, in favour of the appellants.
4. The background facts, leading to filing of the present appeal, are briefly stated as under:
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.
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 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.
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 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 main legal point established in the judgment is the burden of proof on the propounder to establish the due execution and validity of a Will, while also addressing and removing suspicious circumst....
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 satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
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