Hon'ble Judge(s): Abhay S. Oka, Sanjay Karol , JJMeena Pradhan v. Kamla Pradhan
D.O.D : 21/09/2023
(A) Succession Act (39 of 1925) , S.276, S.63— Evidence Act (1 of 1872) , S.68— Grant of probate - Execution of Will - Validity - Will was duly executed by testator in favour of plaintiffs in presence of witnesses out of his free Will in a sound disposing state of mind - Same was proved through testimony of one of attesting witnesses, who was examined by Civil Court - Said witness categorically stated that testator executed Will and, both he and testator signed Will in presence of each other - No evidence to conclude that testator was not in a fit or stable mental condition at time of execution of a Will, or that a Will was executed under suspicious circumstances, or presence of any element of undue influence - Relevant provisions were complied with - Grant of probate was proper.
Misc. Appeal No. 382 of 2002,D/-25-03-2010 (MP)-AffirmedAIR 2020 SC 3102-Relied on(Paras121314)
(B) Succession Act (39 of 1925) , S.276, S.63— Evidence Act (1 of 1872) , S.68— Grant of probate - Execution of Will - Proof - For execution of Will, apart from statutory compliance, it has to be proved that testator signed Will out of his own free Will; at time of execution he had a sound state of mind; he was aware of nature and effect thereof and Will was not executed under any suspicious circumstances.