Objection to Petition for Grant of Probate

Objection to Petition for Grant of Probate

In the Court of the Civil Judge (Senior Division)

Alipore

Original Petition No. 5 of 1999

In the matter of:

The Will of S. Mohanta, the deceased

And

In the matter of:

A. Vaisnab, residing at 5 Brindaban Road, Calcutta

Plaintiff

versus

G. Avadhoot, residing at 6 Brindaban Road, Calcutta

Defendant

The humble petition of the defendant above-named most respectfully

Sheweth:

1. The plaintiff claims to be the executor of an alleged Will of the said S. Mohanta dated 5th June 1985 and claims to have the said Will established.

2. The defendant disputes the validity of the said Will.

3. The defendant states that the said Will and Codicil of the deceased were not executed in accordance with the provisions of the Indian Succession Act 1925.

4. The deceased at the time of execution of the said Will and Codicil was not of sound mind, memory and understanding.

5. The defendant states that the execution of the said Will and Codicil was procured by undue influence by the plaintiff.

6. The plaintiff fraudulently obtained the signatures of the said deceased on the Will and Codicil by fraud representing to him that the said documents were required to be executed for the purpose of inducting tenant in the said premises. The said deceased due to failing eyesight was not in a position to read the documents and did not read or understand the said documents. The deceased did not understand the nature or the contents of the said Will and Codicil.

7. Ten years prior to the said purported Will and Codicil the said deceased in sound mind, memory and understanding and with full vision and eyesight executed a Will written by his own hand and duly executed the same in presence of two respectable witnesses appointing the defendant as the Executor thereof. A copy of the said Will dated 5th June 1975 is annexed hereto marked “A”.

8. The defendant states that the Will and Codicil relied on by the plaintiff be declared null and void and the Probate granted to the plaintiff be cancelled.

In the premises the defendant claims:

(a)   declaration that the said Will and Codicil of which the plaintiff obtained  the Probate is null and void;

(b)   delivery of the said Will and Codicil and Probate granted and on such delivery cancellation thereof;

(c)   further and other reliefs.

Verification

I, G. Avadhoot son of late B. Avadhoot by occupation landlord residing at 6 Brindaban  Road, Calcutta do hereby solemnly affirm and say as follows:

1. The statements in the paragraph Nos. 1 to 8 hereinabove are true to my knowledge derived from records maintained by me and the proceedings in this Learned Court and Mr. X and Mr. Z the witnesses to the said purported Will and Codicil on the basis of which the plaintiff obtained the Probate and believed by me to be true.

2. I sign this verification on this 5th day of January 2000 at the Court House at Alipore.

Sd/ G. Avodhoot

Identified by me

Advocate for the

Defendant

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