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.

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 12.08.2008 made and published his last Will regarding his property as mentioned in the said Will whereby he left and bequeathed his estate and effect thereof as indicated therein. It is further stated that aforementioned Will which was executed by the Testator, Surendra Gosai in good health and mind, made disposition of his properties described in schedule of the probate petition in favour of Sri Abhijit Goswami, son of Sri Ashok Kumar Goswami @ Gopal Gosai, the brother of the testator. Such deposition of the schedule property by way of bequeath through the aforesaid Will was done by the Testator keeping in mind his earlier commitment when said Sri Abhijit Goswami then minor suffered head injury in an accident and by the aforesaid Will, the petitioner i.e. the mother of the Sri Abhijit Goswami was appointed executor of the aforesaid Will till the minority of said Sri Abhijit Goswami and after the majority of Sri Abhijit Goswami his mother i.e. the petitioner and Sri Abhijit Goswami were by this said Will, appointed executors jointly and severally and to apply for the grant of probate after the death of aforesaid Surendra Gosai. It is also stated that value of the estate left behind by the said deceased will be Rs.4,80,000/- approximately. The petitioner Smt. Sabitri Gosai, is the sole executor named in the Will as such she in entitled to apply for probate of the said Will. Thereafter, the said application was registered as Misc. Probate Case No. 5/2015 and subsequently the objectors namely, Monteshwari Gosai and others filed their objections stating inter alia, that the probate case is not maintainable and there is no cause of action and the alleged Will is a false, fabricated and manufactured etc.

4. It was also stated that husband of the petitioner i.e. Ashok Kumar Gosai is the youngest son of Sib Baran Gosai whereas Surendra Gosai is the eldest son of Sib Baran Gosai. On the death of Sib Baran Gosai, there were many litigations amongst the sons and outsides. The eldest son of Sib Baran Gosai i.e. Surendra Gosai used to look after the litigations for an on behalf of the brothers. That Surendra Gosai had an attack of Brain stroke in 2005 and as a result, his attendance in Courts became limited as most of the times he was lying in bed and from then onwards his affectionate and loving youngest brother, Ashok Kumar Gosai @ Gopa Gosai used to look after him and also helped him by taking steps in various litigations and Su