BISHNU PADA SAHA Vs. MINATI SAHA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24.05.2013 passed by the District Judge, Dhubri in TS (Probate) No. 35/2008.

(2.) The case of the plaintiff is that one Brojendra Saha and Joytsna Saha (since deceased) were the parents of the appellant, Bishnu Saha. Said Brojendra Saha and Joytsna Saha executed a WILL on 28.7.97, bequeathing their property mentioned in the schedule of the WILL in favour of the appellant Bishnu Saha. Bishnu Saha was also made the sole executor of the WILL. After the death of the testators, the plaintiff Bishnu Saha filed an application before the District Judge for granting probate in respect of the said WILL. Respondent Minati Saha is the wife of the elder brother of the appellant. Said Minati Saha resisted the petition for probate by filing an objection stating interalia that the parents of the appellant did not execute the WILL and the same was a fraudulent one. It has also been contended that testators were mentally shocked after the death of their elder son and they were not mentally fit to execute the WILL. Taking advantage of serious physical and mental illness of the testators, the appellant in connivance with the attesting witness prepared the fraudulent WILL, which was never the last wish of the testators. Objections have also been raised that the petition was filed without appointing guardians of the minor children.

(3.) On the basis of the above pleadings, learned District Judge framed the following issues: