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IN THE HIGH COURT OF GAUHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
On The Death of Ram Niranjan Bawri His Legal Heirs And Rep. Ajai Bawari – Appellant
Versus
Monohar Bawri S/o Late Nandlal Bawari – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. B.D. Deka, learned counsel for the appellants and also heard Mr. S.S. Sarangi, learned Senior Counsel, assisted by Mr. D. Rathi, learned counsel for the respondents.
2. In this regular first appeal, the appellants have challenged the correctness or otherwise of the judgment and order dated 13.03.2009 passed by the learned District Judge, Tinsukia, in Misc. (Probate) Case No.87/2001. It is to be noted here that vide impugned judgment and order dated 13.03.2009, the learned District Judge, Tinsukia, (Trial Court for short), had granted probate of the Will, dated 10.02.1987, executed by Suti Devi Bawari, W/o Late Nandlal Bawari.
3. The back ground facts leading to filing of the present appeal is briefly stated as under:-
The court affirmed that the execution of a Will must comply with statutory requirements, and the burden of proof lies on those alleging its invalidity.
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 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 right to apply for probate is continuous, and the burden of proof lies on the propounder to establish the Will's validity and genuineness, which was satisfied in this case.
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.
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