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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJEEV KUMAR SHARMA
Sabitri Gosai, W/O Sri Ashok Kumar Goai @ Gopal Gosai – Appellant
Versus
Moteswari Gosai W/O Late Surendra Gosai – Respondent
JUDGMENT :
Sanjeev Kumar Sharma, J.
1. Heard Mr. S.D. Purkayastha, learned counsel for the appellant, and Mr. G.N. Sahewalla, learned Senior Counsel, assisted by Ms. S. Todi, learned counsel for the respondents.
2. This testamentary appeal No. 10/2024 and Cross Objection No. 20/2024 has been preferred against the Judgment & Order dated 03.06.2024, passed by the Court of Additional District Judge, Cachar, Silchar, in Test Suit No. 1/2016.
3. The facts giving rise to the instant appeal may be briefly stated. The suit had arisen out of an application for granting probate under the Hindu Succession Act with respect to the last Will executed by Late Surendra Gosai, S/o. Late Shib Baran Gosai of Itkhola, Silchar Town, PS-Silchar, Dist. Cachar died on 08.06.2011 at his residence at Itkhola, Silchar Town. At the time of his death, the deceased left the persons who would have been his heirs under the said act in case of intestacy namely Smt. Moteshwari Gosai, Smt. Pushpa Bharati, Smt. Chandra PravaGiri, Smt. Pratima Gosai, Sri Sanjoy Gosai, Smt. Seema Gosai, Sri Vansh Gosai and Smt. Susmita Giri. In the said application, it has been stated that prior to his death, the said deceased on 12.08.200
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 execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
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 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.
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