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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Shrikant Mahto – Appellant
Versus
Bhawani Devi, W/o Shri Gobardhan Rout – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Heard, learned counsel for the parties.
1. The instant Misc. Appeal has been filed under Section 299 of the Indian Succession Act, 1925 against the grant of probate in favour of Respondent No.1–Bhawani Devi in Title Suit No.01 of 2008 [arising out of Probate Case No.01/2004].
2. As per the case of the applicant / Respondent No.1 [Bhawani Devi], Registered WILL was executed on 22.11.2000 by Biru Raut, who was her father-in-law with respect to property in the schedule of the WILL, measuring an area of three kattha, Plot No.362, Ward No.5, Jamabandi No.33/ 27 of Dumka Town.
3. Altogether 14 defendants were arrayed as a party(s), out of them, defendant Nos.1 to 6 are sons of the Testator, defendant no.7 is the wife of one Brajadhan and defendant Nos.8 to 14 are the heirs and descendants of Rabi Mahto.
4. The grant of probate was contested before the learned Trial Court by defendant Nos.2 to 6 and defendant Nos.8 to 14, inter-alia, on the ground that the said WILL was forged and fabricated document as the Testator was 90 years of age at the time of alleged execution of the WILL.
5. Testamentary capacity of the Testator to dispose of the property through WI
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 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 court found that the application for probate was barred by limitation, and the alleged Will was not duly executed, failing to meet statutory requirements.
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