MST. RADHA HOTA Vs. DUTIKA SATPATHY AND ANR.

JUDGEMENT

(1.) THE Plaintiff has filed this appeal against the dismissal of her suit based on an application under Section 276 of the Indian Succession Act for grant of a probate of a registered will dated 28 -9 -1946 (Ext. 1/a).

(2.) THE testator is one Madanmohan who admittedly died on 23 -12 -1946 while he was aged about 71. The beneficiary, now the propounder of the will, is his daughter named Mst. Radha Hota. It is resisted by the other three daughters of late Madanmohan on the ground that it is not a genuine will and that their father was not mentally and physically fit to execute a will of the nature as alleged at that time while he was in sinking health. Be it stated here that another daughter of late Madanmohan has remained indifferent.

(3.) THE learned Subordinate Judge dismissed the suit on the ground that the execution and attestation of the will has not been properly proved; that there are accompanying suspicious circumstances regarding free execution of the will; that the will (Ext. 1/a) had not been produced at any time before during abolition of Bhogra proceedings and settlement proceedings and that there was no justification for executing the will in favour of one of the daughters to the exclusion of the others.