MANJULA BANERJEE Vs. STATE

JUDGEMENT

(1.) This first appeal under section 299 of the Indian Succession Act, 1925 is filed by the sister and who was the respondent no. 4 in the probate petition filed by respondent no. 2 in the court below seeking probate of the Will of the father dated 18.6.2004. In the probate petition there were a total of six private parties. All six private parties were sons and daughters of the deceased testator Sh. Bisweswar Chatterjee. Present appellant who was respondent no. 4 in the probate petition had only filed objections. Two other brothers and two sisters being the respondent no. 2/Sh. Bijoy Chatterjee, respondent no. 3/Sh. Amit Chatterjee, respondent no. 5/Smt. Anjana Banerjee and respondent no. 6/Smt. Mandira Banerjee had given their consent for granting of the probate to the petitioner Sh. Dipak Chatterjee, and who is the respondent no. 2 in this appeal.

(2.) The subject probate petition was filed by the respondent no. 2 herein seeking probate of the Will dated 18.6.2004 executed by the father Sh. Bisweswar Chatterjee. This Will was registered in the office of the Sub-Registrar on 30.6.2005. Sh. Bisweswar Chatterjee died on 10.10.2010.

(3.) Appellant as objector to the probate petition pleaded that the Will was not executed by the deceased Sh. Bisweswar Chatterjee out of his own free will but the Will was an outcome of fraud and undue influence exercised by the petitioner along with respondent nos. 2 and 3 in the probate petition i.e the two other sons of Sh. Bisweswar Chatterjee. It was pleaded that the Will was registered illegally in the office of a particular Sub-Registrar although it was to be registered with another Sub-Registrar who had jurisdiction. It was pleaded that the deceased when he executed the subject Will on 18.6.2004 was 89 years of age and was totally dependent on his sons and daughter-in-laws. The Will was pleaded to be executed under undue influence because the deceased father/testator was staying with the petitioner and hence there was undue influence upon the deceased testator by the petitioner. It was further pleaded that the appellant being the eldest child had suffered a bad marriage and therefore she was assured by the father Sh. Bisweswar Chatterjee that she would get a share out of the property owned by him. The property in question is house bearing no. I-1797, Chittaranjan Park, New Delhi-110019. Accordingly, it was prayed that the probate petition be dismissed.