SHIBANI SADHUKHAN Vs. ANIL SADHUKHAN

JUDGEMENT

(1.) This was an appeal at the instance of the caveator/ Defendant against the judgment and decree granting probate of the testamentary instrument said to be last Will of one Smt. Surobala Debi, since deceased (hereinafter referred to as testatrix). The Respondent being the sole executor and legatee of the said testamentary document applied for grant and the Appellant herein contested the same basically on the ground that the same was not the document executed by the said testatrix. The said document was executed under the suspicious circumstances apart from same being illegal on account of unusual and unnatural method of the disposition.

(2.) It was alleged in the written statement by the Appellants that the said testatrix has no reason to deprive the Appellants who are also grandson and granddaughter of the said lady. The said document was allegedly executed at a very old age when she was lost her power of vision and hearing. There was no reason to deprive the Appellants as they were having normally good relationship with their deceased grandmother.

(3.) Learned Trial Judge having read the pleadings of both the sides framed the following issues: