RABINDRA KUMAR DASH Vs. BANALATA DASH ALIAS DEVI

JUDGEMENT

(1.) Defendants 1 and 2 have filed this appeal against the decision of the Subordinate Judge granting probate in respect of the Will executed by deceased Haripriya Dash.

(2.) Plaintiff is the only daughter of the deceased, whereas the two appellants are his sons. It was pleaded in the application that the testator executed a registered Will on 22.4.1968 in favour of the plaintiff being satisfied with the services rendered by the plaintiff during illness of the testator. It was further claimed that the Will was attested by the defendants (the two sons of the deceased). The Will was in respect of only one item of property belonging to the testator.

(3.) Objection was filed on behalf of defendants 1 and 2 who denied the allegations in the application. It was claimed that the Will was obtained by exercising undue influence and coercion on deceased Haripriya. It was further stated that the Will had not been properly attested.