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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Gautam Kumar Choudhary
Bansidhar Sao son of Late Hari Prasad Sao – Appellant
Versus
Shiv Kumar Gupta – Respondent
| Table of Content |
|---|
| 1. execution and validity of the will (Para 2 , 3 , 4) |
| 2. issues framed in the probate court (Para 5 , 6) |
| 3. arguments regarding presumption of execution (Para 7 , 8) |
| 4. objections on grounds of limitation and delay (Para 9 , 10 , 11) |
| 5. nature of probate proceedings and its summary nature (Para 13 , 14 , 15 , 16 , 17) |
| 6. legal standards for proving a will (Para 18 , 19 , 22) |
| 7. presumptions applicable to documents (Para 20 , 21) |
| 8. court's role in probate matters (Para 24 , 25) |
| 9. limitation act and its application in probate (Para 26 , 27 , 28 , 29) |
| 10. granting of probate and judgment conclusion (Para 30 , 31) |
JUDGMENT :
Gautam Kumar Choudhary, J.
This appeal is against the order passed in Probate Case No.5/1993 whereby and whereunder application for probate has been dismissed.
2. As per the case of the legatee/beneficiary, testator- Late Hari Prasad Sao executed a registered WILL in favour of the appellant and other sons on 14.08.1961. Testator- Hari Prasad Sao, who died on 16.06.1981, had executed a registered WILL with respect to the properties detailed in Schedule A of the probate application.
3. Appellant is the son of the testator and the contesting respondent nos.12 – 1
A registered WILL that is over 30 years old carries a presumption of due execution, and requirements around attesting witnesses may not be fatal if the document is adequately proved otherwise.
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 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.
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.
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