JAMUNABALA DEY Vs. KARUNAMOY DEY

JUDGEMENT

(1.) An application filed by the present appellants as petitioners for grant of probate of a Will executed by one Late Kalicharan Dey was registered as Title Suit No. 21 of 1976 in the Court of the learned District Judge, Nagaon in view of the multifaced objections, raised by the present respondents as the opposite parties, against the reliefs claim. The suit having been decreed by Judgment dated 31.5.90, the instant appeal has been filled by the opposite parties/ defendants in TS No. 021/76.

(2.) The cease of the petitioner in the application for grant of probate, in short, is that the testator late Kalicharan Dey died on 1st September, 1975 at Jakhalabandha leaving the properties described in Schedule 'A' and 'B' to the application. It was stated by the parties that the testator Kalicharan Dey had executed the Will in respect of the aforesaid properties on 12.12.52 wherein the petitioner No. 1 who is the son and the petitioner No. 2 who is the widow of the testator, were named as executors. According to the petitioner, the said will was neither revoked nor substituted by any other Will. Furthermore, it was stated that the opposite party No. 1 and her children were granted some properties as per Schedule 'D' by the testator. It was also stated by the petitioners in the petition for grant of probate that the testator had expressed his desire that the properties that would devolve on the petitioner No. 2 would be jointly mutated in the names of all the sons. The aforesaid wishes of the testator were made by subsequent additions to the Will made on 3.8.74.

(3.) The opposite parties No. 1 to 4 filed a joint written statement against the prayer for grant of probate. It was contended by the opposite parties that the Will in question has not been executed by the testator and in any case it was not so executed voluntarily but was on account of coarcion and undue influence exercised on the testator. It was the further case of the opposite parties that the testator was not mentally sound at the time of execution of the Will. The subsequent additions to the Will not being valid for want of legal formalities, no probate can be granted. On the aforesaid principal contentions, the opposite parties prayed for rejection of the prayer made for grant of probate.