IN RE: THE ADMINISTRATOR GENERAL; IN RE: THE GOODS OF LATE SMT. BIMALA NEOGI, DAUGHTER OF LATE DR. BRINDABAN CHANDRA SUR Vs. STATE

JUDGEMENT

(1.) THE Testamentary Suit No. 5 of 1995 is filed by the Administrator General U.P. and Testamentary Suit No. 9 of 1998 by Shri Prabir Kumar Dutta, both for Letters of Administration of the estate and credits of Smt. Bimala Neogi D/o Late Dr. Brindaban Chandra Sur, resident of 410, Mumfordganj, Allahabad, died on 02.2.1994 at Allahabad.

(2.) IN Testamentary Suit No. 5 of 1995 filed by the Administrator General, U.P. it is alleged that Smt. Bimla Neogi, a widow died issueless leaving behind her brother Shri S.C. Sur and two nephews Shri Ratan Sur and Shri Asim Sur, residents of 48, P.K. Ganguly Road, Post Office, Bali, Howrah. Notices were issued to them. They have not contested the suit. Smt. Bimla Neogi (the deceased) executed a will on 29.4.1992, registered by Sub -Registrar, Chail, Allahabad on the same date, on commission, at her residence, and is witnessed by Mrs. Bulbul Dey and Deepa Dutt Roy, both of whom have died. She bequeathed her properties for charity and appointed Shri Shanker Singh Chaudhary as the executor and trustee in the will to set up an old age home in her house.

(3.) IN Testamentary Suit No. 9 of 1998 Shri Prabir Kumar Dutta, son of S.K. Dutta, a Physiotherapist attending Smt. Bimla Neogi after she suffered a stroke of paralysis claims that she had named him as a legatee in the will dated 17.11.1989. Shri Prabir Kumar Dutta, has set up another will dated 25.1.1993 attested by Smt. Bulbul Dey and Shri P.N. Chaterjee. Shri P.N. Chaterjee was examined on commission on 31.10.1999 by Shri P.K. Ganguly, Advocate vide his report (A -107).