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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Bikash Chandra Prodhani S/o Bhuban Ch. Prodhani – Appellant
Versus
On the Death of Bhupesh Prodhani His Legal Heirs Swapna Prodhani – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D Kalita, the learned counsel appearing on behalf of the appellant. Mr. AK Purkayastha, the learned counsel appears on behalf of the legal heirs of Late Bhupesh Prodhani, who was the original respondent No.1.
2. This is an appeal under Section 299 of the Indian Succession Act, 1925 (for short, ‘the Act of 1925’) challenging the judgment and order dated 09.08.2011 passed in Misc. Probate Case No.07/2006.
3. This Court before taking up the grounds of objections raised in the instant memo of appeal would like to first deal with the facts which led to the filing of the instant appeal.
4. For the purpose of convenience, the parties herein are referred to in the same status as they stood before the Court of the learned District Judge, Dhubri.
5. A Will purportedly executed by one Late Hiron Prova Prodhani (since deceased) dated 11.05.1987 is the subject matter of the instant proceedings. Her son Bhupesh Prodhani (since deceased) as Applicant, during his lifetime filed an application seeking probate of the Will dated 11.05.1987 which was registered and numbered as Misc.(P) No.07/2006.
6. Pursuant to the filing of the said application, the Appellant her
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 court affirmed that the execution of a Will must comply with statutory requirements, and the burden of proof lies on those alleging its invalidity.
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.
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 right to apply for probate is continuous and not strictly bound by a time limit, provided the execution and attestation of the will are established following legal requirements.
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
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