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IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR, J
Smt. Ratna Das – Appellant
Versus
Shri Partha Das alias Chandan Das – Respondent
| Table of Content |
|---|
| 1. introduction of probate appeal. (Para 1) |
| 2. claims of suspicious circumstances for the will's execution. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. defense arguments regarding the execution being legitimate. (Para 8 , 9 , 10 , 11 , 12) |
| 4. validity of the will executed considering the testatrix's situation. (Para 13 , 14 , 15 , 16 , 17) |
| 5. legal standards concerning the proving of a will. (Para 18 , 19 , 20 , 21 , 22) |
| 6. no suspicious circumstances present as per legal interpretation. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 7. evidence supporting claim of testatrix's competent execution. (Para 29 , 30 , 31 , 32 , 33) |
| 8. conclusion regarding the appeal and affirming lower court's judgment. (Para 39 , 40) |
1. The present first appeal has been filed against a judgment and decree granting probate in favour of Shri Partha Das alias Chandan Das, the propounder of the last Will and Testament of Smt. Sribani Das alias Sibani Das. The challenge has been preferred by Smt. Ratna Das, the daughter of the testatrix. The husband of the testatrix predeceased her and the testatrix left behind as heirs one son (the original respondent) and daughter (the appellant). The beneficiary and the Executor of the
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