Mr. Suhrid Sur
Heard on : 03.04.2025
Hearing concluded on : 10.04.2025
Judgment on : 22.04.2025
Sabyasachi Bhattacharyya, J.:-
1. The present first appeal has been preferred against the grant of
probate in respect of the last Will and Testament of Late Harendra
Chandra Bysack.
2. Learned counsel for the appellant argues that the Will was executed
on January 20, 1988 and the testator died on September 7, 1996.
However, the probate application was filed only in the year 2015,
that is, 19 years after the demise of the testator. It is argued that, as
such, the probate application is barred by limitation. Moreover, the
substantial delay in filing the same gives rise to grave suspicious
circumstances. The propounder, it is alleged, failed to dispel such
suspicion and, as such, the learned Testamentary Court ought to
have dismissed the probate suit.