DHIRAJ DUTTA Vs. ANIRBAN SEN

JUDGEMENT

(1.) Leave Granted.

(2.) Smt. Gouriprova Sen, inherited the properties of her husband Mr. Amulya Chandra Sen, by virtue of being his sole legal heir. Certain portion of these properties stood gifted to the appellant by a deed [ bearing no.4905 of 1978 dtd. 15/8/1978]. Her Will was dtd. 9/7/1989 whereby the appellant, her nephew was made the sole executor and beneficiary. She died shortly thereafter on 8/10/1989. The transfer of properties in his name by virtue of this will is the genesis of the present dispute.

(3.) The appellant 's application for probate of the said Will [PLA No.238 of 1995] was granted vide order dtd. 28/9/1995. Further proceedings [ O.A. No.1417 of 2012] for necessary changes in the Revenue Record were initiated somewhere in 2010-11. As per the appellant, notices were served to the predecessor in interest of the respondent in these proceedings. As per the respondents, who are nephews-inlaw of the testatrix and the only surviving members of the family of the testatrix 's husband, however, they found out somewhere in 2019 consequent to which they filed suit for declaration and injunction [Title suit no.60 of 2019] in which the appellant has undisputedly, filed his written statement. This suit is apparently pending before the jurisdictional Court. On 5/7/2022 the respondents herein filed an application under Sec. 263 of the Indian Succession Act 1925 [ ISA] seeking revocation [G.A 02 of 2022] of the probate granted on 28/9/1995.