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of <h1>Probate Granted: Appeal Reverses Dismissal, Focus on Testamentary Capacity Over Property Disputes.</h1> <h3>Dinendra Kumar Bose Versus Tapan Kumar Bose and Ors.</h3> Dinendra Kumar Bose Versus Tapan Kumar Bose and Ors. - TMI Issues:1. Whether the trial judge can inquire into the testatrix's title in probate proceedings.2. Did the testatrix have the title to the property in questionRs.Detailed Analysis:Issue 1: Trial Judge's Inquiry into Testatrix's TitleThe trial judge dismissed the probate application based on the belief that the court could inquire into the testatrix's title. The appellant argued that the trial court erred in law by considering the title issue, citing judgments to support this stance. The appellant contended that the trial court should have focused solely on the testatrix's testamentary capacity at the time of executing the will. The court clarified that the probate process should assess the testatrix's mental and physical capacity during the will's execution, not the title issue. The court emphasized that probate does not confer property rights; instead, it verifies the testatrix's ability to understand and execute the will correctly. Any disputes over property rights based on the will should be resolved in a civil court. The court concluded that the trial court's decision to deny probate based on the title issue was incorrect.Issue 2: Testatrix's Title to the PropertyThe respondent argued that it was essential for the probate court to determine if the testatrix had title to the property in question. They contended that the testatrix did not have title as her husband had conveyed the property to her in a restricted manner, limited to her lifetime. The respondent supported their argument with references to specific judgments. However, the court reiterated that probate proceedings focus on the testatrix's testamentary capacity, not property title. The court highlighted that the grant of probate does not establish property rights but confirms the testatrix's ability to execute the will. Therefore, the court held that the trial court's dismissal of the probate application based on the title issue was incorrect.In conclusion, the Calcutta High Court allowed the appeal, setting aside the judgment that dismissed the probate application. The court directed the grant of probate for the will in question. The judgment emphasized that probate proceedings should focus on the testatrix's testamentary capacity rather than property title issues. The court clarified that property disputes based on the will should be resolved in a civil court, not in probate proceedings.
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