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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Ramnath Bhagat – Appellant
Versus
Shibjatan Gupta – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. Heard, learned counsel for the parties.The instant Misc. Appeal has been filed against the judgment dated 30.05.2007 passed by learned 1st Addl. District Judge, Dumka in Title Suit No.4 of 2006 (Arising out of Probate Case No.01 of 2000) whereby and whereunder the application for probate of Will dated 02.06.1998 has been allowed.
2. As per the case of the appellant(s)/ respondent(s), propounder of the Will, Smt. Someshwary Bhagtain used to reside with the plaintiff(s) after the death of her husband in the District – Birbhum, West Bengal and she was the only child of Late Baijnath Bhagat and was sole legal heir and successor of her father with respect to the property as detailed in Schedule A & B in the District-Dumka. She executed her last Will in favour of the plaintiff on 02.06.1998. The probate application was filed on 19.05.2000 after her death on 07.01.1999.
3. Appellant(s)/ Opp. Party(s)/ defendant(s) contested the probate application, inter-alia, on the ground that the probate application was shrouded in suspicious circumstances, as property of Schedule-B was jointly recorded in the name of the common ancestors. The father of Testator was
The execution of a Will in favor of a non-natural heir does not automatically raise suspicion; the probate court's role is to determine the Will's genuineness, not property title.
The validity of a will hinges on its proper execution and the capacity of the testator, not merely on subsequent claims of incapacity or vague assertions.
The jurisdiction of a Probate Court is limited to assessing the genuineness and execution of a Will; it cannot adjudicate rights or title to property.
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.
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 propounder must prove due execution of the Will and remove suspicious circumstances to justify the grant of probate.
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