NANI GOPAL BHATTACHARJEE (DEC) Vs. PRIYANSHI BHATTACHARYA

JUDGEMENT

(1.) This testamentary suit T.S. No. 6 of 2007 arises from a Probate application being P.L.A. No. 309 of 1996. P.L.A. No. 309 of 1996 has been registered at the instance of Debabrata Bhattacharjee, seeking for the grant of probate of the last Will and Testament of his deceased father, Nani Gopal Bhattacharjee. Nani Gopal Bhattacharjee had executed his last Will and Testament on 2nd September, 1993 in respect of his properties.

(2.) P.L.A. No. 309 of 1996, was filed for grant of probate by the executor. Court through an order issued special citations upon Smt. Ruchira Bhattacharyya and Ms. Priyanka Bhattacharyya. Thereafter, an Affidavit-in-support of the caveat was filed on 1st April, 1998 by Smt. Ruchira Bhattacharyya and the probate application stood converted to a Testamentary Suit being T.S. No. 6 of 2007. As such the present proceeding is taken up as an undefended suit pursuant to an order dated 16th September, 2008 passed by this Court.

(3.) A Will, which is a testamentary document, has to be proved as per the provisions contained in Section 63 of the Indian Succession Act, 1925, read with Sections 67 and 68 of the Indian Evidence Act, 1872. Thus, a bare inspection of the said section would indicate the manner in which a Will has to be executed for it to be recognized as a valid Will, which includes that the testator shall sign the Will in a manner to give effect to the said Will and the said Will shall be attested by two or more witnesses, each of them being the witness that the testator had signed the said Will.