PRADIPTA KR. SARKAR Vs. SHEFALI SARKAR

JUDGEMENT

(1.) The present first appeal has been preferred against the dismissal of an application for probate of the last Will and testament of late Provat Kumar Sarkar. The primary premise on which the learned Testamentary Court dismissed the probate suit was that the date on which the scribe had signed the Will, that is, September 27, 2004, was subsequent to the date of alleged execution of the Will on September 10, 2004.

(2.) Learned counsel appearing for the executor/propounder/appellant contends that there was a second (subsequent) Will of the deceased Testator produced by the defendants/respondents themselves.

(3.) Learned counsel for the appellant next argues that there was no date appearing under the signature of either the testator or the attesting witness in the Will-in-question. It is pointed out that the scribe of the Will was present at the time of subsequent notarization on September 27, 2004 and had signed as identifier during such notarization. Thus, it was patently a mistake on the part of the scribe to put the same date under his other signature which was already there on the Will.