NARESH CHARAN DAS GUPTA versus PARESH CHARAN DAS GUPTA

NARESH CHARAN DAS GUPTA versus PARESH CHARAN DAS GUPTA

There was no proof of undue influence exerted on the testator, who was in full possession of his faculties and made the dispositions in the will out of his free volition. The will was also found to be duly attested according to legal requirements.

Parties
Appellant: Naresh Charan Das Gupta; Respondent: Paresh Charan Das Gupta; Respondent: Indira Das Gupta
Jurisdiction
India
Judgment Date
02 December 1954
Procedural Posture
Civil Appeal / Appeal Against Judgment of Calcutta High Court (appeal From Original Decree No. 87 of 1949, Arising Out of Suit No. 94 of 1946)
Outcome
Appeal dismissed
Legal Topics
Undue Influence in Making of a Will, Attestation of Will, Indian Succession Act, 1925, Section 63, Proof of Due Attestation
Succession Law Undue Influence in Making of a Will Attestation of Will Indian Succession Act, 1925, Section 63 Proof of Due Attestation

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Parties

Naresh Charan Das Gupta

Appellant

Paresh Charan Das Gupta

Respondent

Indira Das Gupta

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of Calcutta High Court (appeal From Original Decree No. 87 of 1949, Arising Out of Suit No. 94 of 1946)

Legal Issues

  1. 1 Was the will validly executed and attested?
  2. 2 Did the testator have testamentary capacity at the time of execution?
  3. 3 Was the will executed under undue influence of the respondent?

Ratio Decidendi

There was no proof of undue influence exerted on the testator, who was in full possession of his faculties and made the dispositions in the will out of his free volition. The will was also found to be duly attested according to legal requirements.

Court Disposition

Appeal dismissed

Orders

  • Decision of the High Court is confirmed. The appeal is dismissed, without costs.