VIJAY KUMAR BANERJEE Vs. ARUN KUMAR CHAKRAVARTY

JUDGEMENT

(1.) This appeal has been filed under Section 294 of Indian Succession Act. Vijai Kumar Banerjee, the appellant has challenged the order of Court below granting probate of will dated 11-1-1988 executed by his mother Smt. Bang Laxmi in favour of respondent No. 1 namely Arun Kumar Chakrawarti. Shri Arun Kumar Chakrawarti is sisters son of the testatrix, namely Smt. Bang Laxmi, of the will in question.

(2.) Smt. Bang Laxmi Banerjee (hereinafter to be referred as testatrix) an aged lady died on 16th January, 1988. She was hospitalised on 22nd December, 1987. During her hospitalisation she executed the disputed will on llth January, 1988 and expired on 16th January, 1988. The respondent No. 1 on 26th October, 1988 file the petition for grant of probate of will dated llth January, 1988. Smt. Bang Laxmi Banerjee was survived by 8 children as mentioned in the disputed will. She bequeathed some property including a residential house and tenanted shop in favour of the respondent No. 1. By the will she divided and bequeathed the remaining property to her other sons and daughters. The respondent Not 1 applied for grant of probate of the aforesaid will with allegation that the aforesaid will is the last will of the testatrix.

(3.) The said proceeding was contested by the present appellant on the allegation disputing the execution of the will in question by the testatrix. It was stated that she died at the age of 75 years and was not in a fit mental state to execute the will in question nor she had executed the said will. It was also stated that she executed the registered will dated 21st March, 1980 in favour of the objectors and the will dated 11-1-1988 is forged and fabricated document. Shri Arun Kumar Chakrawarti is mothers sisters son and Smt. Bang Laxmi Banerjee had two sons and as such there was ho question of executing any will in favour of Shri Arun Kumar Chakrawarti. Moreover the deceased Smt. Bang Laxmi Banerjee has been survived by two unmarried daughters also and it is responsibility of the objector-appellant to get them married. The Court below granted the probate of the disputed will on the finding that the applicant has proved the due execution as well as attestation of the will and has further proved that the testatrix was of free and sound disposing mind at the time of executing the will. Challenging the judgment of the Court below the present appeal has been preferred by the son of Testatrix.