MADHUCHANDA HALDAR Vs. PRATIMA NAG

JUDGEMENT

(1.) This is an application for revocation of the grant of probate by a daughter of the alleged testator on the primary ground that the applicant was not cited. The applicant says that if the applicant had been cited then the applicant could have had an opportunity to contest the authenticity of the Will. The applicant has asserted the suspicious circumstances around the execution and the contents of the Will.

(2.) The two alleged joint executors are the grandson through a son of the alleged testator and the daughter-in-law of the alleged testator. THE Will is said to have been executed in the year 1995 and the alleged testator died in the year 1996. THE alleged joint executors say that the present applicant did not have any connection with the family since the applicant had apparently married against the wishes of her parents and the family had severed all ties with her. THE alleged joint executors say that it was in such circumstances that they were not aware of the address of the applicant. THE alleged executors show that substituted service had been effected by way of publication and they claim that such publication would amount to deemed issuance and service of the citation.

(3.) In the present case, the applicant has said that the immediate predecessor-in-interest of the alleged executors had executed documents along with the widow of the alleged testator and the applicant in the year 1998 and again in the year 2004. There is sufficient prima facie evidence which is disclosed that would tend to discredit the genuineness of the Will.