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HIGH COURT OF TRIPURA
MR. JUSTICE BISWAJIT PALIT, J
Smt. Alpana Bhattacharjee (Choudhury) and Anr. – Appellant
Versus
Sri Sankar Choudhury and Anr. – Respondent
JUDGMENT :
This first appeal is preferred challenging the judgment dated 24.09.2024 and decree dated 04.10.2024 delivered by Learned Civil Judge (Senior Division), Dhalai District, Ambassa [camp at Kamalpur] in connection with case No.TS(Partition) No.1 of 2022.
2. Heard Learned Counsel Mr. Dipak Deb appearing on behalf of the appellant and also heard Learned Counsel, Mr. Samarjit Bhattacharjee appearing on behalf of the contesting respondent-defendants.
3. Before deciding the merit of the appeal let us highlight the subject matter of the dispute for which the suit was preferred. The present appellant filed the suit for partition of the suit land measuring 0.33 acres recorded in Khatian No.798 under Mouja and TK Halhali, PS-Kamalpur, District-Dhalai and also for cancellation of two nos. of registered Wills bearing nos.III-64 and III-65, dated 17.07.2020. According to the appellant-plaintiff, she is the wife of one Subhash Choudhury (since dead) and mother of plaintiff No.2 being minor represented by her mother. The defendant No.1 of the original suit Sankar Choudhury is the full blooded brother of said Subhash Choudhury (since dead) and Samir Choudhury (since dead) was also the full-b
The court upheld the validity of the Wills executed by the testatrix, emphasizing the burden of proof lies on the propounder to dispel any suspicious circumstances surrounding their execution.
The court established that the validity of a Will must be proven in accordance with the statutory requirements of execution and attestation, and that the presence of suspicious circumstances requires....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
The burden of proof for the genuineness of a will lies with the propounder, and a will may still be valid even if it lacks a signature on every page, provided it meets statutory requirements.
The burden of proof for the validity of a Will lies with the propounder, who must dispel any doubts regarding its execution, especially in the presence of suspicious circumstances.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
The propounder of a Will must prove its execution and validity, and the presence of suspicious circumstances must be specifically pleaded by the opposing party to shift the burden of proof.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
Proof of execution of Will – Mere registration of Will would not attach to it stamp of validity and it must still be proved in terms of legal mandates under provisions of Section 63 of Succession Act....
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