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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. UNNI KRISHNAN NAIR
Ojing Dai S/o Lt. Lome Dai – Appellant
Versus
Obit Dai S/o Lt. Lome Dai – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. Ninnong Ratan, learned counsel for the appellant. Also heard Mr. Sanjay Taye, learned counsel, appearing on behalf of the sole respondent.
2. The challenge in the present proceeding by the appellant, herein, is to a judgment & order, dated 27.09.2016, passed by the Court of the learned Additional District & Sessions Judge, East Siang District, Pasighat, in PSG Probate Case No. 246/2012, granting probate of a will, dated 31.10.2006, to the respondent, herein.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The sole respondent, herein, had instituted the PSG Probate Case No. 246/2012, under Section 276 of the Indian Succession Act, 1925, before the Court of learned Additional District & Sessions Judge, East Siang District, Pasighat, praying for grant of probate to a will, dated 31.10.2006, executed by his mother Late Opet Dai.
It is to be noted that the appellant, herein, is the brother of the sole respondent, herein. The will, dated 31.10.2006, was projected to be the last will of Late Opet Dai, the mother of the appellant, herein, as well as mother of the sole respond
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
Probate of a Will requires strict compliance with statutory formalities, including attestation by witnesses; failure to provide adequate proof leads to dismissal of the application.
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 court found that the application for probate was barred by limitation, and the alleged Will was not duly executed, failing to meet statutory requirements.
The propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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