In probate proceedings, the mere marking of a Will as an exhibit does not prove its valid execution. The propounder must establish compliance with all mandatory attestation requirements under the law, and courts must rigorously scrutinize the evidence when allegations of fraud or suspicious circumstances are raised.

JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. The instant appeal is directed against the judgment and decree passed on April 3, 2025 in TS/26/2018.

2. By the impugned judgment and decree, the learned Trial Judge has dismissed an application for grant of letter of administration.

3. It is submitted by the learned advocate for the appellant that, the learned Trial Court failed to appreciate the true perspective of the law governing the grant of probate and letters of administration. Learned advocate for the appellant also submits that, the Will in question was duly proved at the trial and learned Trial Judge ought to have granted letters of administration as sought. Learned advocate for the appellant also submitted that the Will in question was duly proved in terms of the provisions under Section 67 read with Section 71 of the Indian Evidence Act. Therefore, learned Trial Judge was not justified in dismissing the suit.

4. It is further submitted by the learned advocate for the appellant that once a document is admitted in evidence in a suit or a proceeding, it has to be given due credence at the time of judgment. Learned Trial Judge erred in dismissing the suit and refusing the grant of letters of administration sought in the suit.

5. Girindra Kishore Pal Choudhury died on April 29, 2015. He left behind the Will and Testament dated November 30, 2006 appointing his two sons, namely, Subir Pal Chowdhury and Prabir Pal Chowdhury as joint and several executors. However, one of the sons, namely, Subir Pal Chowdhury, predeceased the testator. The said Will was executed in presence of two attesting witnesses, namely, Swapan Debnath and Rathin Saha and the execution was duly identified by learned advocate Sri Somnath Chakraborty. One of the attesting witnesses, namely, Swapan Debnath, also expired on April 22, 2016. It was further case on behalf of the petitioner that the sole surviving executor of the Will failed and neglected to present the application for grant of probate, for which, one of the beneficiaries, i.e. the plaintiff, approached the Trial Court for grant of letters of administration to the last Will and Testament of late Girindra Kishore Pal Choudhury dated November 30, 2006.

6. Citations were issued. Executor Prabir Pal Chowdhury by filing affidavit relinquished his executorship. One Smt. Suprana Pal Chowdhury, wife of deceased executor Subir Pal Chowdhury, also lodged a caveat in the proceeding. According to the case made out in the caveat, it was stated that the testator never expressed any willingness during his lifetime to execute any Will. The Will in question was said to be a product of fraud and evil machination of the propounder.

7. Considering the pleadings put in by the parties, learned Trial Court took up the proceeding for disposal. Learned Trial Court, on the basis of the pleadings of the parties, framed as many as six issues for adjudication, which are as follows:

“1. Whether the instant will is the last will and testament of the deceased Girindra Kishore Pal Choudhury?

2. Whether the Testator was physically fit and mentally alert at the time of execution of the will?

3. Whether the will was properly executed in terms of law?

4. Whether the execution of the will was tainted with suspicious circumstances?

5. Whether the will was got executed by practicing fraud and exercise of evil machination by the propounder of the will?

6. Whether letter of administration can be granted, as prayed for?”

8. Issue no.1 – Whether the instant Will is the last Will and Test