SHANTA CHATTERJEE Vs. AVIJIT CHATTERJEE

JUDGEMENT

(1.) The suit is the result of a challenge to a writing said to be the last Will and testament of late Mr. TarapaChatterjee, a widower. The deceased's wife Ruby Chatterjee predeceased him on 3rd September, 1983 and the deceased had two children one daughter Ms. Shanta Chatterjee alias Shanta Ashok Tolat who is the plaintiff and son Mr. Avijit Chatterjee who filed the caveat.

(2.) The deceased Mr. Tarapada Chatterjee died on 24th August, 1990 at Mumbai. He was a resident of 32-A, Jaldarshan, Nepeansea Road, Mumbai400 036 and left movable and immovable properties in the States of Maharashtra, West Bengal, Tamil Nadu and in Union Territory. According to the plaintiff, the deceased left behind a Will said to have executed on 21st March, 1989. The plaintiff claims to be the sole beneficiaries and has filed Testamentary Petition No. 360 of 1995 seeking probate of the Will, since no executor was appointed.

(3.) The Caveat filed by the defendant is supported by affidavit dated 4th August, 1997 in which the defendant has contended that the Will dated 21st March, 1989 is not an authentic document. The defendant states that citation was served on him belatedly on 23rd July, 1997. Since the plaintiff and the defendant are the only legal heirs of late Tarapada Chatterjee, the defendant claims he is entitled to half share in the estate of his father. According to the defendant his father died intestate, had never made a Will and the document which is produced as the Will does not bear his father's signature. He further states that the plaintiff at no point of time ever mentioned him of the existence of a Will of their father. The defendant has filed Suit no. 852 of 1995 in this Court for administration of estate and obtained ad-interim order appointing Court Receiver on 5th April, 1995. Even at that time there was no mention of any Will, though petitioner was represented by an Advocate. Based on the aforesaid, the following issues were settled on 6th January, 2011 :