Property and Wills

*Property and Succession - Wills* - It was held that "it is the executor of the Will who is required to apply for probate" - In the instant case, the said executor is the mother of the beneficiary, who was very much an adult person, who was also the plaintiff and also deposed as PW-1, wherefrom it appears that she had full and contemporaneous knowledge regarding the execution of the Will and in this regard, it would be apposite to refer Section 222 of the Indian Succession Act. - *Sabitri Gosai v. Moteswari Gosai [2026] GCtR 247 (Gauhati)*

*Property and Succession - Limitation Period for Grant of Probate* - "Succession Act does not prescribe a specific period of limitation for the grant of probate, and such proceedings are therefore covered by Article 137 of the Limitation Act, which requires such application to be filed within three years from the date when the right to apply accrues." - *Sabitri Gosai v. Moteswari Gosai [2026] GCtR 247 (Gauhati)*

*Property and Succession - Law on Proof of Wills* - "From a plain reading of Section 63(c) of the Succession Act, it is evident that the testator or his representative is the first person who is required to sign the Will, and it is only thereafter that the attesting witnesses are required to sign the Will. In any case, until and unless the testator has signed the Will, there is no question of attestation by the attesting witnesses, inasmuch as it is not only the body of the Will but also the signatures of the testator that are required to be attested by the attesting witnesses" - It was held that "Although the PW-3, who is the scribe of the Will, has deposed to the due execution of the Will, he is not an attesting witness, and the Will cannot be said to have been proved solely on the basis of the evidence of PW-3." - *Sabitri Gosai v. Moteswari Gosai [2026] GCtR 247 (Gauhati)*

*Property and Succession - Dispute on Will - Role of Cross-examination* - "If Section 71 of the Indian Evidence Act, 1872 is to be had resort to in every case where a party disputing the due execution of the Will manages to extract, during cross examination, a fact favourable to such party or disfavourable to the other party, then Section 68 of the Indian Evidence Act, 1872 would be rendered largely otiose." - *Sabitri Gosai v. Moteswari Gosai [2026] GCtR 247 (Gauhati)*